on december twenty second two thousand and thirteen just before five o'clock he was patrolling the stop a vehicle for not using its turn signal as the car was pulling over lucas testified he saw a back seat passenger who and he felt an unusual warm near the defendant's crotch that testified was not consistent with the human anatomy and this this belief is opinion is based on look at his experience with testified knew what it was it's not that he was guessing what it was at that point he knew it was not products he testified that so he didn't have to know nebulae this thing he didn't have to guess he knew what it was based on the crunch sound and based on again that there are more things in play than just the pat he also for his safety i would be silly his safety was a risk i would assume he could have yes but he chose not to he got the defendant out first thing and fiddled around with him a fair amount i don't remember i haven't seen the video in a while i don't remember how long he was overly aggressive again i could be wrong i haven't seen it while there's of course an issue with what happens after the pat down as as counsel writes in his brief but as for the path i don't remember being overly because again there was no guessing after this pat down or what was in the defendant's crotch area based on his experience again more than a hundred times before deputy lucas felt this same feeling  officers must use their common sense commonsense judgments they must draw inferences from their own behavior in their own experiences and i think it's very important to know again consider what this officer on  with three individuals in this car he testified that he was concern for safety and i based on the movements of this this individual who could have been hiding anything and is in his pants and  you're right we wouldn't he referred to safety he wasn't talking about the drugs i don't i i truly believe that he mentioned that based on he said that ackroyd you know he didn't know if you was the defendant was hiding a weapon or not mark narcotics when he talked about were being more infers i'm saying he's talking about the government that point but at the same token he of course doesn't know if he's going to find a gun or drugs how can he possibly know that he just know that this person was probably hiding something based on his movements there and you felt the gone officers based on their experience probably no one of gone feels like even within close i would assume again this is hypothetical because he did testify that they finally got him but the fact is you can't see something you feel it and if if you testify that you felt this over a hundred times before and based on that you know what it is i think it would have been kind of one reasonable for the officer to have known that this was not chaotic space touching it and then left it there i think i think that sounds like a pretty ridiculous i prophetical if you knew for a fact that it was drugs and to say all because it's not weapon i can't take it well but going back to dr brian's earlier hypothetical if you felt checkbook let's say you knew for a fact it was a check with you and you take it well known as you're not from any crime or chattel but if you have no drugs in your hands you're committing a crime your honour's very briefly again the reason i didn't stress the quote strip search is because again as i had said just there my main argument earlier this came after a probable cause existed that at drugs for or in this defendant's possession so i'm not condoning what the officer dead by no means of my doing that but the fact the matter is probable cause is just so if you said earlier y cite several cases that discuss how how furtive movements by individuals in vehicles warranted further detention and further searches and other things like that people are says days one no your honor and i lost that's him several times and i do remember specifically that part there there wasn't a whole lot of movement visible well again i don't believe that that video was the clearest you know h