indiana was robbed my client cameron patterson was one of the participants in that robbery on july twenty third two thousand and thirteen mr patterson was interrogated by off if we were to reverse it would mean there would never be a situation in which an interview by federal agents was considered  honor i believe that in a sense i don't agree with you one hundred percent but you are smooth he made they didn't they weren't overly overbearing on him it didn't it only lasted two hours the ribs are really should be so they did not any of us i don't need to go back to slight disagreement there your honor i don't i don't believe they ever said you can go any time in fact judge when they met in the driveway agent strayer put his hand on his would be any any interrogation where the person was i suppose told that he was not under arrest and told that he was free to leave at any time those those statements were never made police station or is that forbid also well that's certainly a lot of judge barnes if that would be allowed so what's the problem well in this case judge there was three earth three locking devices an electronic locking devices that had to be the the question is was he in inside and walk through or wasn't he in his seat judge so that would go towards custody but the fact is it was not luck my client was never never aware  i want to leave i think he presuppose as t he was locked in charge so any pre supposition by a person is being interrogated turns it into a custodial interrogation a logical one would judge a very reasonable  in a police station noncustodial i believe the minimum that it's required is some evidence or our statement to him that you are free to leave at any time and you are not under arrest that's what i would propose however this court has repeatedly said that look at the totality of the circumstances and determine if a reasonable person under those circumstances would believe th reasonable person it's the seventh circuit since yeah i know but there's a lot of stuff in judicial opinions that is that is opaque no matter how often it's repeated will judge to it to say what a reasonable person was at that would think is to put it in the vanek killer of the people on the street would two f b i agents as they say roll up on you in an alley and say hey we want to talk to you about abe about a bank robbery and one has their h there is no rule that the police officers need to say they are not under arrest and in any event they did convey to him that he wasn't under arrest they said unless you admit to murder today you're going out of here at the end of this and that's what they did to your point judge barry they said you need a ride he said yes they drove him to the location of his choice basically with mr patterson's argument is that essentially a terry stop constitutes a custodial and arrest the officers pretty  went up with his hand on his gun briefly and then did had his outer pockets right after that they said as they're letting him into the front seat of the marked car just to confirm you're coming with us consensually voluntarily he said yes and it i would say it's both your honor they certainly were the ones who brought up clearing a name in the first instance but that's what he said he was coming down to do you know the part of the problem that we have in this case is though there's a lot of discussion about what mr patterson thought and believed we don't actually have his testimony we don't know what he thought we don't know what he believed what we have read the statements of the two officers in this case who the district court found credible we have there same as the mr patterson said he was consensual in voluntarily coming with them we have no restriction of movement they didn't and handcuffed and they didn't have this massive display a force where there were thirteen officers breaking down the door with guns drawn you know they were just missing all that in this case what we had basically again is a and the enemy and i think that is the reason why this was intentionally not recorded you know if they had put a microphone in front of him they know he's not going to talk ok well thank you very much humor on a council and