judgment based on qualified immunity and the ruling of the district court is in effect a denial of the application of qualified immunity but that error in the order denying it partially granting and partially denying the motion for summary judgment the error in that assuming all the facts as plaintiff i have presented them because after all you have to take the facts as presented by non party and applying those facts as based on that what they saw when they came to this what turned out to be an incorrect address what they get there to address what the call of originated is not there so we know they go to a place that's different from the and those are the only facts we can deal with on the some p r scheme you have an appeal whereas to qualify means you hear well the call for immunity has to be measured not only from the description of the facts that the point is present but also what the deputies sense you know when the news that mistakes are made right then you love us could be numbers could be transposed they said that has the same experience recently i don't quite get it i think if it happened in your neighborhood on line i in my neighborhood but it's certainly true that the plaintiffs here are extremely sensitive to the to the deputies arriving particularly given their past experience and that was reasonable for them it's reasonable for them to have that sensitivity but it's also reasonable for the deputies arriving to on the scene who were not involved in any prior events at that address to view with the space and the reactions that they got the young young man for example answering the ba of the fact that they get up there and the lady of the house is love there's no problem they've got the guy that they think is the bad guy with a gun you have got in localized downstairs right and they go up to what they know is the wrong address is not  facts from a place perspective and based on what the deputies knew asked for each step along the way because until they investigated they didn't they were not aware that that no one inside had been beaten they were not aware that no one inside was bruised until they investigated and which still comes down arm airpark to qualify immunity and so it seems to me that she issue here lesser qualified me thank you for focusing your honor we believe there is no qualified immunity there's nothing reasonable about what the officers did i might note that police officers are supposed to know the area they control any taxi cab driver any cleese officer should know that there's a nice side of town in the west side of town of one hundred sixty three and this can't be the first time a call came in through a cell phone and it got sent to the west part of town and finding a wrong address the first thing anybody does it's push a button on the hill radio and inquire further not to start searching the entire city and then go from house to house street to follow the constitution and there's nothing i might add council said this was the only house that had activity there was no activity in this house other than a citizen of the united  was in his garage enjoying the peace and sanctity of his phone so yes it is a matter of qualified immunity that's been focused by your honor and there's no basis for qualified immunity or it would this change the fourth amendment and i'm pleased to know and i thank counsel for sending a letter to this court united states versus it and also for exigent circumstances you have to have some probable cause that's reasonable probable cause facts and there are no facts to this house of these people living peacefully were in the commission of a crime whatsoever i like yeah and one other thing just for clarity because our group wasn't fully clear what it is indicated in the record the college  had just showed the woman it was in the past tense and so even stronger argument it was something that happened somewhere but it was not happening and the reference of the just record but i believe he certainly knowledgeable of the law and he was aware of sauce you know when he when he made his ruling and must have examined the evidence even if you didn't articulate it that's that's m i would like nothing better your honor in fact