rulings this court reviews the evidence in the light most favorable to the prevailing party with legal determinations or do know and factual determinations reviewed for clear air however into seat which was a rejected the supreme court in the this circuit make it absolutely clear that it officers subjected intensions reasons for a stop play no role in the reasonable suspicion or probable cause factor was the very slim evidence of the officers experience which is only four years it was never developed and to the extent that the court agreed with freeman's analysis of the totality of the circumstances good recommendation yes he was absolutely he was and in the court stated in the district court and her very short order stated that she considered all the circumstances recited the correct standard of review but i that in her orders it states that she adopted the report and recommendation or see adopted the objections of freeman which when we go to look at there's objection to report and there in the record those objections  deference owed to this agent he's worked at this particular spot this rule of he's in for eight years he understands that turning right directly in front of the checkpoint avoids the checkpoint he's aware of the high density smuggling in the area freeman makes much of his success rate in his brief pointing out that there's only been one or two successful interdictions by this particular agent in his eight years experience during the parts of the only twenty to thirty stops the response court discounted the weight be given the reason for following mr freeman because in this case the agent testified that they followed everyone that turned onto twenty fifty from highway fifty nine  away with the probable cause and the supreme court said no if there is a legal basis for stopping the individual then it doesn't matter what the officer was in this case there was no legal basis for stopping mr freeman officer knows vehicles that frequently area whether they're or a field ranch trucks or belonging to the nearby residence so why isn't it road in texas and we're not talking about a dirt road a private re entry which are referenced in a number of opinions where the type of road is important secondly mr freeman was driving a white pickup truck i think that there be lots of texans who would argue that it would be that it's not suspicious to be driving a white pickup truck in texas and the agency didn't promise i agree particularly with a headache rack on the back as mr freeman had in this case however there was nothing about what was observed regarding the truck that leads to the suspicion of criminal  activity white pickup truck driven by an individual and registered to an individual is the reason that mr or agent has claimed he was suspicious because on this road it mostly companies in  driving down that road twenty to thirty times a day so there is nothing suspicious about a white pickup truck and the temporary plates if you look at record seven five six the agent testified that it made no difference to him that the plates were temporary plates what mattered to him was that when he asked for the information back on the plates they came back to an individual not to come but none of those facts excepting those things leads to suspicion of criminal activity and i don't want to wait too long to get to the issue of speak what the district court found was the audio recording of the dispatch record you can go to you travel for nine minutes and twenty five seconds and go eighty miles your average speed is fifty mph couple that with other evidence of it there was a stop in october of two thousand and sixteen which magistrate suppressed that evidence as well that's not on appeal that testimony is in the record it's a deputy pattis and deputy pat is had a dash cam working pretty paces dash cam records mr freeman driving on the same road over the same distance at forty nine fifty forty nine forty eight miles an hour so that consistency somebody driving a white pickup and taxes forty nine miles an hour and a speed limit of seventy i'd be suspicious of that that's a good point your honor but if you know you go ma and you know if you look at what was happening on this road and i the time and you have to go to the deputies testimony there was construction there were no markings on the sides of the road it was marks only like temporary pylons and so i don't think that in this case you could give that the  so the latest story to me regarding credibility when you look to the record it's clear that the district court was correct when she concluded that the man did not not have been in there for the driving facts did not support reasonable suspicio to suppressing the evidence there was a hearing on whether the material witness should be opposed to released or whether there was a case where that would support the court going to trial to reach i guess a tentative verdict  hearing is where the district court made additional comments regarding her previous order suppressing the evidence and that order wasn't for them at the time  and that's where the district court clarifies the math does not add up the the other the only point doctors that the court analyzed and stated that she analyzed by discussing that she adopted in an analysis was the proximity to the border and in this case the testimony is that mr freeman was first noticed by border patrol as he approached intersection to twenty fifty and took a right down to twenty three when he did that the testimony reflects that that point is approximately fifty miles from the border i don't think this court has ever h the stops that were several hundred miles away correct and even a louisiana correct and in a lot of the state and in that case the court found that the proximity factor was not met but found other significant factors that did support reasonable suspicion here we're talking about not west texas where you can drive one hundred miles from the border and not run into much but cactus and and the lizards that we're talking about it can place fifty miles outside of at a town of two hundred and thirty thousand people the route that mr freeman was driving fifty nine not only connects houston make next pick to orient and you can take the route to get to corpus as well so the proximity to the border the district court reason was not so clear in favor of the government and that most was a push with no evidence mr freeman ever came from the border the government did not introduce any evidence that he crossed the border or that any of their surveillance equipment make a made a right turn on direction from south he started yes  he would have been driving east he would have been driving north east and on making that turn to going south the characteristics of the area that no one is disputing that well this road have been twenty his eight years working in this area at this station he had made twenty to thirty stops based on reasonable suspicion and he was correct in only two or three of th that doesn't mean he didn't have reasonable suspicion in the other cases but it does mean that his experience is very little to help him detect illegal or criminal activity and in fact that means that eighty ninety percent of the people lawfully driving on this public road have their lights stopped their potential jeopardy put in place their passengers searched or questioned definitely  because they turn on to him twenty thirty a driver's behavior the agent testified that mr premier was glancing into his rearview mirrors in the agent perceive that to be nervous activity and someone coming up behind him at that speed is not driving safely aspects or characteristics of the vehicle it's intrepid here to look at the other cases and twenty fifty those cases included reasonable and lastly the government concedes and put no evidence in the record that there had been any recent trafficking of narcotics or aliens on this road nor that the agent actually saw passenger in the seems strange to get to go last doesn't happen very often are completely irrelevant to this case because the girl's backs dealt with the october stop which the government is not appealing the facts here i do worry stop we have those are completely irrelevant when he was when he was speaking about arab support within that fifty mile benchmark that satisfies the pipes in the test and in this case it records six ninety seven it is undisputed that he was first spotted at the checkpoint which is approximately fifty miles within the border approximately twenty three year span your honor and you only one out of the three that had some doubt about it was delgado and that was because there was absolutely no evidence introduced at all in the record about twenty feet here we have evidence from alluded to the fact that the here the agent said he didn't place any reliance on the paper license plate if that's so does that mean we also should not place your launch on that note because had traveled to or eighty years sometimes on a daily basis that he knew that twelve of the twelve people who want to slow down that road that triggered in his mind that drug smugglers sometimes use paper plates for new cars to questions later at seven o seven the agent was asked what is your protocol when you start foaming at the ball in the agent testifies well we checked the vehicle registration why because it's uncommon for vehicles out of the area to be on that road is not a direct