where the occupants did not voluntarily consents to have officers or to open the door we have a reasonable person in the position of the start or would not have felt free to ignore the a door and was really showing that she opened the door because carpenter told her to do still based on this conversation on the balcony there was a conversation on the balcony and the woman was in the real and once the officers entered the room they were from the vantage looking in the room at the vantage point where she had been standing and they were able to see mr carpenter standing on the balcony so this young woman he was still outside on the balcony when they when the officers entered when they had actually had stepped inside of the room proof she did not and that is true she did not testify however one star sisters were in the room standing where she would have been standing they were able to see the balcony and so someone in that room would have seen this or carpenter stepped out on to the balcony but b what happened on the balcony the first circumstance that makes this extremely persistent actions on the hat on the part of us this is the amount of time that they were standing at that door knocking the officers were knocking on a motel room door for three to five minutes and that's undisputed and as they weren't knocking they would not identify themselves as the act of police department state we need to talk to you we had some concerns and then they would listen and then they would knock again and this at the door and they had an opportunity to respond and the asters message was we were not there they were not going to go away until someone answered the door and supported this argument i cited to the united states  and then the next thing he heard was a telephone contact the intercom from the officer saying the room secure is that right that is true that there was a short span of time look if you have officers outside for thirty said right away because there'd been a long fight in his soon as he said it when the door then and that ended the knocking outside apparently the door opened but we don't need of we don't know here is whether of time they had been knocking for several minutes and as soon as a statement is named shortly there after the door opens or if she decided that these officers have been knocking for three to five minutes on my door they're not going to go away again nothing about any contact between mr carpenter and this your that occurred inside that room and the court said i am not going to automatically in further was a conversation or that mr york saw the officer out there or that mr carpenter brought it to her attention and said go on the door there's a placement out there with a gun and he wasn't going to take that because there was no evidence and that would have been correct for him to have gone into that would be but there's really you know in this case there would be no peril if you told the truth and you presented it then the government would not use unless you then opened up the door for the government to use so he could have raised the issue  seizes the defendant come out on the balcony and begin looking in a manner which parts are valid testified appears to be someone looking for a way to get out so when we when the defendant talks about the amount of remember the argument that the that the defendant makes to this briefly is that three to five minutes just too long that that that they would have known after in fact using the bank's analogy saying is it five seconds at the end of five seconds knock at the door it is just almost immediately after that that mr carpenter actually it's on to the balcony so we go we have a situation that the three to five minutes is that is just too long but you look at the totality of the circumstances in this case you have someone who's taking action where he's not he's decided initially i'm not going to respond to it i'm going to try to see if i get away but then he goes back into the room and as was indicated that mature goes to the door and we have no information about what occurred but this isn't as fast as contact with mr carpenter's going on eventually right almost immediate that that was york opens the door so the question is is is this mr carpenter is a rather large man and therefore to put his hands you could have his hands up like that his size it is full and out on the balcony the author of valor could see it but someone behind mr carpe know that she saw  mean miss short went into the bathroom while she was in the bathroom at the time mr carter left she's unaware of what's going on she comes out she hears the knock on the door by this time mr carpenter's come back into the room she goes and answers the door with her partner as the test in which he went carpenter she could have been washing the door made so i think it was there any testimony that after the officer said to carpenter ask your girlfriend open the door that he turned and obviously said something to someone inside or was noise coming out he didn't know if it was a television or someone else and also remember that the first fifty officers outside st carpenter turn on the valve clean as though he were speaking to someone and i don't believe that there was a just one of the other one is the fact that