proceedings below were were very circular and against the heart was placed before the equine animal the issue of the admissibility of these test results was resolved before the state was permitted to know really whether you're entitled to the records at all whether this is you know when they went into the exit in circumstances and the arguments which seem to go to the blood draw right but you're asking to just see all the medical was that the emergency medical technicians told us so well that he needed to go to the hospital there was no testimony that the e m t is told that they wanted to he were allowed to make the decision to self as to whether he was going to accept or refuse medical intervention and so doug you start with the question of whether or not there someone has said no i do not want to go to the hospital and i was forced to go now office you could argue that he wasn't in his right mind or he was so drunk  will be you're right i ask the court to consider what the officer should have should have done in this situation and one thing he could have done is i guess to not either arrested him for the time and taken them to custody treatment and i think that the defendant is asking this court to expand the body of law that that courts look at in the circumstances to include concepts that are better suited to is shot and then gang neighborhood somebody is found lying on the street believing officer in good faith comes up and says you need to go to the hospital and the ambulance arrives and everybody's hospital and says when i asked what what was the purpose because it seems like we've discussed good faith in terms of what officers do as far as other kinds of certain stances arrests searche but it also seems that there should be some good faith argument in this case as to whether he was acting in good faith or maybe as justice chapman indicated maybe not such good motions here there's other options except force force and more force and that's what the officer did in the situation now if he had it if he had chosen to arrest him at that point and said i believe you're  series pointed out to c n n she's all the seniors with this is all seniors a bunch of other people on the scene that if for some reason something comes up down like they're all going to be will the same that never use medical treatment they could certainly take him to jail  even react interact with it then we do we run into that that's where we run into the issue of did he have time to get a warrant if if this was really his intent do you know and twelve hours did he have the time to get a warrant i mean those are the issues that we then confronted we made the job that this was his own from a purpose as instead of a good faith and i certainly would argue  hospital when i when the when the treatment occurred the defendant is arguing not that the officer needed a warrant not to get it was wrong because he wasn't there the defendant is arguing that the officer needed a warrant records of an individual who was taken against his will to the hospital you are needed we're just talking about medical records in general you don't even know what records i know i'm no records in a situation where an officer has forced a person to go to the hospital again