been involved in a drug transaction but in that case after he was completely secure the police went into his vehicle and recovered some here wonder cocaine in a jacket in the person he observed an exchange of an object from a black container that the defendant retreat from underneath his vehicle he observed shiny jacket he observed green currency he could not delineate the denominations but he was about twenty feet away so is there any difference in terms of what we have here when he said he believed that a drug transaction had occurred when he also described a female who was in his opinion trying to flag him down and after the death the car stopped and he had an opinion that he had witnessed the sale o of the saying why didn't he simply put it inside his car i don't like it if he had an expectation of privacy if he wanted to keep everyone away from that black box that he had he could have put it inside his car can see what it was it was generally very have an expectation of privacy you you want to put it in a place where no one else can access it unless they in fact enter that area but you a person could be outside in the has to retrieve it from under the car and he and he goes into your house underneath your car and takes the box and happens to see a box that he says hey i don't know how this by scott and there i don't know if it was the in a sense nap really seeking privacy when you do that i mean he's he's got it added on the outside of his vehicle and i'm just trying to you know try to understand how this can be compared to the officer point inside getting into we simply send it back through the trial court to he heard all the evidence he he found out terry stop only he didn't find probable cause as the state argues why should we since simply send it back and let the trial judge  decide this case in right i'm gay and because you know he didn't make explicit findings of fact and then why should we give him the first chance that well the  in this situation when we have totally different factual set i want you tell me what should we get what is the link what is it about that tells us that when you have a serial such as this where the officer testifies he believes  they do get there they observe this but the officer testified pretty licit laid out the transaction that the package or the silver package the money he retrieve something from under the car he had he gave it and the state and it concerns the state's position they claim that the anonymous information that just mcbride just laid out for us supports a terrorist act your position is and that it involves a chevy cavalier and then the officers do not go and stop what they do is get out of there are posts themselves about twenty feet away and then the officers ripes testimony gets really a that she went to the view that he took something from underneath from this container that he saw the shiny object being given to her and that she gave him back three bills but he could say they were you know  and he said that based on his experience that he was of the opinion that a drug sale take place now that's not the same as some of the other cases where you might have three but this was a little more detail wouldn't you say terms of the testimony about the tree and before you answer that isn't the question whether that drug sale in presuming that it supports that conclusion whether that drug sale supports a theory stop or does that drug sales put in quotes support probable cause now we have an officer who is very experienced and we also have a trial judge who's very experienced and the tragic have said not probable cause  in fact everything that was presented and the suppression hearing amounted to probable cause your best case in terms of authority p well probable cause is a case by case standard and it changes the state you know we usually we usually look to other cases to sort of guide us here we say this case is similar to this case unlike that case and we're looking for a case that's you know certainly not identical to this case but a case that's close enough that you can guide us to a determination that the trial judge got it wrong here that in fact according to your argument that probable those type of specifics in this particular case it was a specific tip that this exact and this rock try dealing is happening out of a chevy cavalier that officers woman flag this cavalier down and they see a unusual transaction where defendant reaches underneath his car has has a drugs attached class and then there's there's some custom cases where a certain looking underneath the cars even inserting devices out into the gas tank is stuff like  search and the question really is because that case i'm sure the gates again and the question is whether again has anything to say about what a search is where and no divi officers experience experience and its officers any reasonable person might sas did you file a motion to reconsider before the counter and defended it  don't have an answer to a question that may not make any difference that's why this is a probable cause case youngers and and the case is this say you're saying that there was no search at all search and is your is it your position that the opening of the box is also notice or if there is no expectation of privacy in it when it's placed out in public like that it's a band and and  steps that were performed by the officers first the grabbing of the of the magnetic box that may seem to be reasonable and maybe you say i want to know what's what this is i saw you put it under there and then the question of whether he should open