the government in this appeal has made a significant deal about the various factors that this court and the supreme court has as issued in waiting whether or not to tell you the circumstances consent was freely i would encourage others to find that there is clear with respect to tone the tone of the agent perry certainly sounds congenial and cordial at the outset and it continues that way for some time but the interaction goes on for many more about one minute long sometimes two single question often a single response sure you can check my baggage this was a prolonged this was a prolonged interaction and in that prolonged interaction you could hear a market involved in this case there's a like a rolling suitcase and then there's the back character to the rolling suitcase and doesn't find anything and at that point he becomes dismissive he starts he starts speaking more quickly when he's from his percy agnes's you know what's wrong and an officer perry did it correct yes and i think there was some debate or conflicting testimony about the language and she said the body language was was asked to describe where he stood whether or not he touched her and it's uncontroverted he didn't make any physical connection with her what miss ramos brasi i could describes in which couldn't have been caught on an audio on an audiotape and that's why i think that's why martin it is clear error because ultimately the trial court found based on just an audio tape that the tone of agent perry was inconsistent with clearest of body language which for instance putting his palm out when saying can i can i search that backpack or what about the back it was a clear invitation to not say no when a palm of an officer is in your hand and demonstrating his interest in a search also she gets his hands all but inside the backpack when she when he was directing her as to where to move items where to take items out from and  you can hear in her voice is resignation when you can hear her doing was following the orders following the direction of agent perry it certainly wasn't the sort of free will the sort of voluntary actions of someone who is merely expressing their find that there is it was there because there is much better testimony much better evidence before it rather than audio and this tone of voice on an audio recording and there was uncontroverted evidence of a someone describing what they were what they were perceiving and how they took it and even though the subject of intent miss run or the subjective understands from his peers yaga is not a conclusive it is a factor in the telling the circumstances there is nothing no i would say no it was it was it was a situation which the physical location was less important than how asian perry was acting i would say it was more course of them a sense that when he didn't parry described himself as being there for security that it was a bus station becomes incredibly important because on a street encounter being there for security one can say well i'm not trying to do anything that requires me to go through security know if i'm going to go about my business but in a bus station where we are in culture and in air conditioned to know that travel whether be by train bus or plane often carries the condition of going through a security check that becomes incredibly important in the calculus of corrosion so yes your honor i think your honors pression can be construed in two ways in one way bus station is it any more public or is it any less public or is it any more cursed by nature of being a bus station than a street probably but when coupled with the questions in the answers that age in perry was given to miss remsen i guess questions then yes it does become much more courses because saying you're there for a security purpose indicates any reasonable passenger any reasonable person trying to get on any sort of convenience that have to submit to that sort of check because security in our society at least for the last decade has been paramount and your honour's or the other where they  us when we're traveling is a reality and when someone says wait a minute here in the past nation we were doing a security check that means you most reasonable people if they're not going but there's a number of differences between airports today on the one hand and bus stations on the other so for example st of all perry and his comes colleagues were not in uniform they were not displaying weapons if you go to a security check perry explained to defend that that at the bus station it's different because greyhound doesn't conduct security checks and that's why we go around and talk with the passenger he also said we go around and talk with  he didn't say we're here to inspect passengers like we're here to hurt their backs or anything like that that would imply that he was required to comply with his directives well she does say at one point when we get to the point that he's asked to search your backpack she says i'm scared right now that indicate that she doesn't want this to this to happen course her subjective feeling is not what's controlling it's whether the officer d is anything whether the objective facts are such that a reasonable person would feel compelled to confess we're going to ask well but there you have weigh and weigh their i think his reference to the audiotape i think that's a i think what that recognizes that the gives up on the rd time i mean isn't this kind of a three strikes and you're out situation the officer well because she didn't actually say now she said why why do you  aware that agent carrying out of s and that he was interested in profit for he never community so we don't think any of the effect targeting would be  much more significant that is in the context of travel the trial court had adequate opportunity to consider the arguments and so in that way it was preserved in terms of what i believe  that the fact that there was a list was not known to ms ramos solution factor into the equation what mr thomas percy august said that she felt targeted that she was the only person he approached and he came right to her and then after two officers said it was sure she knew that she was the focus of their attention exclusively i know my time is out so i appreciate your honor's time and there's no other questions or rest i have i have one is your client still in jail you're on