important constitutional issue of the the right to be free from awful search and seizure in this case there was an officer that received the call at the police station and he was told that regis is dealing drugs at a location and this officer travel to there now when the officer arrived there it's important to look at the snapshot that was in evidence of ask them questions and investigate i don't believe it is your arm because he had he had other options available he could have parked several cars away and he could use well it's ok to get to but if it's unknown informant if you don't know the identity of the informant and you can't articulable facts that would read lead a reasonable person to believe that a crime was being committed because he never observed any drugs or money exchanged here and so all he had was a person that was in a vehicle well the important thing is this is to remember that the search is not mean goodbye what's turned on and it's not so much to just protect mr raises rights but the reason why we have the constitution is that because as opposed to what other countries we want to make sure going and looking into the vehicle after he had possibly be a search the i think you need to go back to the point where when mr ray stepped out of the vehicle with the plate lunch in the straw underneath the officer thought that was a weapon on him and if you really think about that i mean he had a box plate lunch in a straw not a gun but he has a weapon in his hand droplets in your hand and he sees them at that moment and then he walked over to the car to do a search within the arm's length and that's when he saw the gun lying on the floor and told him that he had that for protection but he said he observed it on the floor resisting arrest the problem is you can't resist arrest unless you're arrested so he had to arrest them first her either the gun or the drugs but because you never saw him dealing drugs and because he didn't know whether or not he had a license to have that gun in the car that is that on october sixteenth sartin sure got a call from an anonymous i think we know the facts and what i didn't find your brief very helpful and i tend to find the kinds of questions that we've been asking do you think there was a seizure before the arrest and when was you never answer that question in the price we believe that there was reasonable right so question he was not free to leave that's correct rightly the officer wanted to complete his investigation he'd gotten the anonymous tip which was fairly detailed it was a white vehicle with a specific license plate and an individual name  regis was dealing drugs at this boat harbor so sergeant went out to the boat harbor he actually saw that white vehicle the license number match the a tipster had said he recognized the defendant as being in that white vehicle he had known of the defendant because he's been with the police department for eighteen years and this particular individual and kind of had a criminal history go ahead i'm sorry and now the other officer officer todd up as the court correctly pointed out had actually investigated and been the arresting officer for mr regis a couple mystery as a couple years before on a domestic violence case and he testified that based on his knowledge that did end up in a conviction well he let's say that but which i and some ways i'm more interested in is what was there probable cause to arrest you and or search for just having a gun isn't it so what was first of all with respect to the first question we do believe that this is a much stronger circumstance and that was that the white car raised his car was parked facing the entrance to the boat harbor it was in a parking field which was before you actually get to the mean boat harbor it was deserted there were no other cars except for the green pickup truck that was parked in the opposite direction so that both of the drivers could either speak to each other or if or pat pass objects between each other again according to the testimony of sargent  was coming into the boat harbor and also gave both cars the vantage point of being aware if there were any other people or individuals approaching he thought that that was in and of itself was also a suspicious factor he was able to recognize r someone with a criminal history and then when he came over to investigate the first thing he did was to tell the pickup truck that cronin criminal history was being arrested for something that's anything other than a domestic violence arrest you know just just knew that he w somehow had a criminal history which involved domestic violence he didn't know whether it was an arrest or i mean he didn't testify to that effect i was taught a who knew that he had been arrested and possibly convicted for domestic violence so when the improve his odds because he was alone the assisting officer had not yet arrived let's have the a pickup truck leaving so i can focus my investigation on this room as he needed we went up to the car and asked mr is to put his hands on that there was a gun in the car he was told by her originally that there was a gun in the car but he did not see it until  the officers deny that that occurred at the point where reyes claimed it had happened radio said that it happened immediately after at the time the officer arrested him that occurred later when the officers tried to cuff him after they