frankly that's not really a strong issue here i'm going to rest on the pleading and what i would really like to talk to you about today is what the court has directed us to talk about and that is whether this was a border search and what are the implication travel through international airspace on a nonstop flight between two u s locations as having crossed our borders example having entered the united states from a place outside  fly but we don't even need this court does not even need to go to the broader issue there they can simply restrict itself to the for the more narrow issue of whether or not these officers given away their own custom regulations because their commercial domestic flight from honolulu to guam is not appoint an outside the united states language i think which speaks to to your question agricultural administrative scourges when considering challenges digger cultural other ministry the sources service courts need to determine whether the asserted administrative they're going to cultural or controlled substances also talks about are you bringing over ten thousand dollars or bring in merchandise over there so therefore have been filled out prior he was up for the first officer that officer with the basis of this information because i think they would have gone to what was who was this man and what was his motivation for doing this but i would also like to argue and point out that even besides must be suppressed because when he showed up there and while that customs officers that stopped it lacked statutory authority everything they did was outside of their i would argue again go back to the to my main position is they simply lack the statutory authority from day one from the minute he walked up the move to stop him and serve him it says clearly in their own regulation their love examine boy from what you're coming from yes forty eight fourteen twenty two for the government services when they want to ignore the clear statutory language which says from places coming outside the united states that islamic customs own regulations saying that they can only examine people arriving from parties it just from the commonsense reading of it it's got parties to accepted that it was a border case there's no real discussion of whether or not this is a legit internal border system all the discussion focused on  has been implicitly overruled by the government also looks towards this court case from the virgin islands and that is virgin islands versus david that pulled a similar type of search this was a person coming from georgia  into the virgin islands but when you read david you see it relies heavily sugiyama and bans all this case law is not taking into account the changed legal atmosphere which  government hands sovereign authority to protect it's territorial integrity the territory of guam does not it has no sovereign authority for a few bits the entry of its territory of anyone and when you come to guam from a foreign country you will go through in that and you will go through international controls that's from a foreign country the issue is here coming from the other part of the united states and america does have the power to the united states has a different political status same position yes they can from sideband but when you're coming from another part of the united states a why they do not have that power they don't have the supreme court ruled the limited search a pat down for weapons for the protection of the officer investigating sister behavior of people be reasonably believed to be dangerous and it requires police officers to be able to to specific and articulable facts which taken together with rational inferences from those facts reasonably want to believe there is safety or others in danger my client got off a domestic commercial plane from hawaii where he had already gone through screening much more vigorous screening than even to get into this court room there is no there is no basis for terry stuff here there is no reasonable allegation that he got off that flight from carrying weapons