agent to the courts in tucson arizona were sufficient to say that the stop was justified through those factors that were articulated by him this case was not your typical star case at this court has seen or that the supreme court has ruled on it's somewhat different is different because the observations that took place in this case lasted no more than three minutes the time of day was approximately one fifty in the afternoon when it was a saturday the traffic flow at the intersection is described as medium to heavy this a paved intersection and there were no reports of any illegal activity or suspicion taking place at that point in time the question of this case raises is whether every person that lives near the border will be subjected to this kind of activity by or patrol if the vehicle proceeds in a northerly direction if it proceeds on a route that does not go by a checkpoint at one at any of the state routes or whether or not it goes by what is known as a hit song in this writing low well the border patrol agent qualified those terms and said it was slightly laden vehicle and we're not talking about a vehicle that's sagging in the back we're talking about a vehicle that's called writing slightly longer than normal on court those were the words of  it's involved in drug trafficking is not based in the record it was well the more patrol agent believes that vehicles with recent register license plates are more apt to be involved in smuggling activity because they've had a series of vehicles that have had recently registered license plates this vehicle here had the letter p and it was states sixty nine p c zero and you conclude with p z nine nine nine which brings in almost a million license i guess what i don't quite understand about that universe is he saying a lot of in because when he testified in august they were already up to the letter s so that means that there were almost four million license plates that were recently issued if they had ceased for instance even two hundred with recently register plates what fraction of the population is that we not begin to say that we are casting such a wide net that maybe one sure thing went all over the state of arizona trying to find the series license plates but in an area that's that close to the border are known to be frequented by  there is not just one dealership it's a fairly large populous that lives in that area where you've got people buying and selling cars all the time how does every car that gets bought become the suspicion and i think you know granted what he testified to was yes you know that's one of the factors but i don't think it's a factor that deserves any weight at all in light of the fact that you have too many innocent drivers with recently registered license plate the other items that i i didn't find there was much of a fact is that the the traveling away from the border the distance between the intersection illegal activity there was nothing but the first time that vehicle was seen was when the truck in front of that turned right and then they saw this vehicle approach the the stop sign and also make a right turn there's nothing in the record that indicates that this vehicle was ever coming from the border i can understand the issue of proximity to the border when you start looking at the r v case where you've got a family of approximately five the parents and three kids and you're off on record canyon road which is approximately thirty miles to the west of where this stop took place and there you are on a dirt road you've got sensor activity you've got a stop similar to this vehicle being made one week before there is no recognition of  this vehicle because the agent is familiar with that area and they are headed to a recreational site that nobody goes to you know to will drive there is that vast difference right there there you got the observations of the three kids waving the mechanically at the agent as he's following them and he follows them for an of almost five minutes and that's when they turn into a route that nobody would go into the difference here is just a day and night here the observation that takes place here is from the start of about three quarters to one mile there is no unusual activity in going to your honor's question they're ask if you look at the record here there's nothing that indicates the same thing in this car the agent was asked how did the vehicle approach the stop sign he says normal when it fell right was there anything unusual no there wasn't as decision because i think that in that case i think you did have the agent there stoddard had reasonable suspicion to make that stop because of the the circumstances so in this case anybody could have been stopped you take any car that's as he aged describe five to fifteen years old driving slightly slower than normal according to his and he calls him over based on what those factors from the fact that he's driving north anybody that lives anywhere at any point in time is going to have to drive north you can only go for directions and one point or another you're going to have to drive north and i think that aspect of it so should not have been considered and the proximity absent any other factors should not have been taken into consideration thank you may thank you  reasonable suspicion to stop the defendant's vehicle to discourage purty thin very staunch very respectfully no your honor i don't because i believe that the agent was able to articulate specific facts for the reasons for why he believed that there was reasonable suspicion to stop the vehicle just the district court agreed with a number of those facts one that there was a checkpoint avoidance that there was a permit checkpoints on state route eighty and ninety and there was a higher  traffic he observed that the defendant's vehicle wasn't intending in his estimation to avoid that hit zone that was the second factor the district court took into consideration in fact based on his training experience central highway area the area that the time it was driving in was going to his words more than korea's for smuggling activity whether it's illegal aliens or drugs in addition the court the court indicated that the the p z plate the indicated that now that trend moved from the p z plates to s planes in addition the court noted that the the the vehicle was riding well now that now well he did say it was slightly lower than norm nevertheless it was riding well and that was something that even after the defense investigator testified even after not having a variety of things that it took into consideration like the p s i i of the tires the type of the way the activity she had stopped the vehicle at one fifth of the u s district judge didn't consider the eye contact to consider some of these things you're mentioning that that's correct ron i think however this factor your honor i believe that the ten i'm driving factor that the agent sort of initially believed that was the case and i think the record bears out that after the the vehicle took off is his attention that the truck took off his attention was more to the defendant and then he articulated his factors do you agree there was no tandem driving i think that yes you know your honor the reason i say that is that i think initially part of what asian wilkie decided  terminating looking at this vehicle of the defendant's vehicle was that he initially believed that there was some tandem driving afterwards after the vehicle took off his his attention was more directed towards the defendant i think that was what sort of just made him look at at the defendant's vehicle itself now and then the close proximity the to the shift change as well was a factor that he took into consideration the defendant argues in part that this happened sort of in the three minute time span now in the record the asian will he d indicate that each of these factors went through his head as he was following the defense vehicle and at the end he decided that he had reasonable suspicion and we believe that he did to stop to stop the vehicle the defendant argues in part that this could be be any innocent individual that is driving in in southern arizona each of these factors your honor i would i would submit that do rise the level of reasonable suspicion this court and the united states supreme court has indicated that to parse out each factor to determine whether or not there's an innocent explanation is not the way reasonable suspicion analysis should occur it should be in the totality the circumstances the government is committed arguably you could parse out every factual potential in every case and then say well then any any innocent person could be doing this therefore there wasn't reasonable suspicion that would that would require that government agents that would would short of seeing criminal activity itself couldn't stop a vehicle or stop an individual if there was reasonable suspicion without actually seeing the criminal activity itself there was reasonable suspicion results mission existed in this case for the defendant to be stopped by age