yes all right i want to point out there this is mcbride is not here but she will listen to the tapes and she will be involved in the decision making process in this case  court's decision in people the aguilar is not enough itself a crime therefore the officers did not have probable cause to transforming counter and arrest now in this case they didn't have an obligation at that point to a further investigation certainly that's something that is permitted under terry and they're specifically given authority to do that under supreme court case law under the l and i court criminal procedure and under the illinois concealed carry act what they can or should the officer  well specifically supreme court case law says that police they give orders that are no more than a minimal additional intrusion on a traffic stop in the terry context so the officer could have ordered mr moore in to for example put his hands up that would affect the missile that made illinois from the illinois legislature in the concealed carry act that they are to ask whether or not it's a gun if they believed that it was a gun from that point they certainly could have ordered mr lawrence to get out of the car again that would be a minimal additional intrusion on a traffic stop than they could have added him down and seize the gun simply for the duration of the questioning for the duration of that temporary further investigation this is something that's specifically directed for officers to do in the search during temporary questioning provision of the illinois real code and then finally the illinois concealed carry act says that officers may actually require someone in mr laurenson situation to provide a license for that for that gun but what the story does not do is allow an officer to draw his weapon confront a passenger during a traffic stop immediately handcuff them put them in the squad car and taken to a police station those actions transformed the encounter into an arrest and such type of seizure requires probable cause now again in illinois after people the aguilar the view of just simply having a gun is not enough a tough crime and the support was going on in the world today what it again under aguilar persons have a second amendment right to self defense to have guns outside the home now if they just do that if they just have a concealed gun like mr lawrence had  that is not a crime that that's not something that that allows officer to actually ask late the encounter into an arrest which is what occurs under the sports case i once an officer draws a lap and handcuff someone puts them in the back of squad car and takes them to the police station so so again when when looking out at that issue that police are certainly again allowed to give orders there's certainly lots to questioning under terry to protect their safety there was probable cause and they identified two pieces of evidence movements and statement and that the court has any questions about that i would certainly be able to answer why these two pieces of evidence do not transform the encounter said were eleven to one at all put all propositions and the verdict that there needs to be some sort of guidance for that minority juror in a way out there heard here yes and needs to three believing the verdict is not guilty and that jury as a whole is specifically seeking guidance what they are charged to do is to deliberates to see if they can reach a verdict in the  on it's not something that the wilcox course with a fully focused on the time that they did focus on is what the jury does after they've received a response from the trial court and what the print court and the wilcox court has directed sport to consider is whether or not after the jury receives a note for from the trial court how quickly they return that verdict if they return to verdict quickly after receiving a response from the trial court back and under wilcox specific things identified in the brief from the prime structure that would be relevance here one is that the jurors should decide the case on their individual honest convictions the second is that each juror must decide the to deliberate because the jury again not nuts to labor the point the jury saw guidance they asked what next play requires the court to tell them basically that they don't have to reach a verdict that they're supposed to with your argument is it is this if a court would really do that after three hours then they'd have nothing to do after it six hours afterwards and no there has to be a point when you use that totality of the circumstances things known to the officer at the time that the officer had to sit down and what you know here and i need to clarify some facts well you have here is the officers seen the car commit a traffic violation the officers pull the car over they walk up to the car with their flashlights their guns were not from the officer looks in the car and he sees defendant with a gun in his friend's white shirt pocket he sees it sufficiently where the officer knows that i gun so this gun is a case it's easily accessible the officer not knowing this defendant not knowing anything else but there's a guy who's his gun and has the pen and step out of the car all of that says the officer what counsel is saying is the officers seen this gun needed to ignore the fact that this inherently dangerous weapon the courts have said that guns are inherently dangerous ignore the dangerous weapon annoying i think nor in the fact that ignore ignore the possibility that defended at any point can pull this gun out sukiyaki injure anyone walking past ignore all of that and say i'm sorry sir is that a gun in your because of the lie because of the movements and i should back up when the officers when they were walking towards the car they noticed defend that making looking back repeatedly doing things with his hands and so we have when we're looking at a problem because we don't need him enough evidence to convict at that point it just has to be whether there's the probability of a crime occurring and we have that with this we don't look at these encounters from the perspective of a legal technician we look at them from the perspective of a reasonably prudent person and a reasonably prudent person confronted with an unknown offender an unknown person with an easily accessible  would try to neutralize that dangerous situation and terry allows for that the u s supreme court case law allows for that the illinois supreme court case law allows for that this court's case law allows for that so everything about the st court repeatedly has found that telling the jury to please continue to deliberate which is what this court told the jury is not coercive in this case the jury had only been deliberating for three hours they sent out a can we get the officers testimony transcripts if they were deadlocked why would they want the transcripts and the court had this no recognize correctly that they were not  have the opportunity to say your honor i want to print instruction that didn't happen and to address their claim of effectiveness because i brought up counsel not asking for the premise structure again there was no reason to separate question from the structure because this jury did not indicate that they were hopelessly deadlocked or deadlocked in general what counsel is trying to do is elevate this to this wilcox case which this completely distinguish in will cost the court the court's instructions essentially told the jury that they had to reach a verdict the court talked about being sworn having to come to a decision that didn't occur in this case this is the jury had only been deliberating for three yes i just have a couple quick points on the first issue i'm addressing what type of seizure occurred at the scene of traffic stop i believe and the state's brief they are in their point heading they are conceding that there was in arguments that there was probable cause for this arrest the state claims now that mr lawrence was doing things with his hands the officer only testified that mr lawrence was moving his hands around a lot in th take this case under advisement in court will be