is the court here in manhattan and i represent tracy thomas so the question before this court primarily is whether there was probable cause to justify it to support the search warrant and of course secondarily always there's a leon question  and failing to address so really the question is does the fact that the police that that a defendant is linked to a rental say that somebody else this person in the photo array would not identify is might be one of my key of the other person but there's no indication that that person is mr thomas so all we time i mean he was the renter of the car during this pretty narrow time window in which the shooting occurred you don't think that gives rise a probable cause to believe that he may well have been the driver well not really because he  know i guess that's for the credibility of the report that there was a shooting well at what happened during if this very you know narrow period of time and you could make  if i run a car for two days and then the cars you know the license plate is break a certain look a certain time that doing that you're a prude i didn't have it that's not a reason why friends well maybe that is a reasonable inference but then perhaps i'm not sure that there's a reasonable in ence that two weeks later which is when they searched his apartment that there's going to be a gun in his house because they've linked into the house and they're linked into the car but there's no the the link is beyond that there really isn't anything else they also at that point and i think this undermines the reasonableness that they would find the gun i mean because that's what they're looking for that i think that the i think that it's undermined by the fact that the victims identified for sure one other person who's not the renter and maybe another person who's also apparently not to run to because you know if they've identified mr thomas they would put that in the warrant affidavit in that so we have to assume that's not the case they identified two people and neither of them was him than two weeks later they tracked him down and they shot his apartment and they conducted what is a warrantless were arrested gunpoint which is discussed and and the reason i the only reason i bring that up is because the courts of law i don't have to deal with that but i think if there isn't probable cause and you do have to deal with that question so i think that that that is a further weakness in the chain w arrest from the government standpoint consisted of there there suspicion that he was involved in the shooting that's right and they would argue that he he was yes that you have the same the same that's in the search warrant it's the same thing it's that he was linked to the car and that that suite but ultimately for the this court's purpose i don't think that really matters right but the only evidence derived from his potentially unlawful arrest well actually there really was none i mean he was in custody at the police station when he made these statements but by then they had found whatever they found that's right so i think that it really turns on the statements that the police station that were on culpa torrie were were triggered after he was confronted with evidence of the gun it please the court on behalf of the united states here the state magistrate judge did not clearly err in finding that there was probable cause to search the defendant's residence because looking at the totality of circumstances there was a fair probability of finding evidence from the drive by shooting at the defendant's apartment as your honor's bench and there was evidence that the defendant helped plan and execute this drive by shooting by renting the car he was the sole authorized driver of this rental car he rented it for only a forty eight hour period during which the drive by occurred and the car was returned within two hours of the drive by shooting moreover the defendant had his own car so looking at this evidence it was reasonable to infer that the defendant helped plan this drive by shooting at a minimum he supplied the car for this drive by shooting so it was also reasonable to infer that other supplies for the drive by shooting including the gun would be found at his residence additionally at the time the officers got the search warrant the gun used in the drive by shooting had not yet been recovered so it was reasonable to infer that at least one of the perpetrators of this crime as we know there were two people in the car at the time of the drive by shooting would have the gun at his residence do we know there were two people just because of the prescription bottle or was that was the witnesses you know your honor the witnesses actually touch told officers that two people were involved in the dry shooting in the with the who was the passenger that for the show they did not say that explicitly they identified one individual as potentially involved however your honor we don't know if a photo of mr thomas was even in the photo lineup that's not in the record additionally there was probable cause to find that the weapon would be found at mr thomas's home because as the ninth circuit has held in both the shield and bowers opinions when there is a gun related offense i reasonable to infer that the gun may be found at one of the perpetrators home remind me of the cases you cited in response to their your opponent's argument that look too much time had gone by between the time of the crime and the  i would point to the bowers opinion on not your honor there there was a six week lapse here there was only a two week lapse and evidence such as a gun which was the evidence in the bowers decision is the type of item that someone would keep in their home for a longer period of time additionally the magistrate judge relied correctly on the expert opinion of the affiant who had more than thirteen years of experience investigating crimes such as drive by shootings when the affiant said it is reasonable based on my experience that we would find the gun or other fruits of this crime or other evidence of this crime at the defendant's residence additionally the officers properly linked to the defendant to this particular residence they conducted surveillance at his apartment saw that his car was parked in the parking lot of that apartment complex registered to him at that address and talked to a maintenance worker who had seen the defendant in the apartment and identified a photograph of him so looking at all of these circumstances together and applying great deference to the magistrate judge's opinion about probable cause the court did not clearly err in finding probable cause for the search warrant over here it would be a stronger case if only one compo decision there your honor the court say there just needs to be a reasonable nexus between the criminal activity and the evidence to be found a reasonable nexus is certainly created by the fact that the defendant rented this car and i would searched was not the shooter because his brother had actually confessed to the shooting and they found that there was probable cause to search the defendant simply because he provided the car used in the drive by shooting the brother which makes a but i would submit that the same facts apply here if two people perpetrate a crime together and one is in charge of obtaining the car used in the drive by it's also reasonable to assume that either that person also supplied the gun may have been the case in washington he purposefully planned ahead and rented this car even though he owned his own car and rented it for the short window in which the drive by occurred and then returned it immediately after the crime was completed all of this evidence supports a reasonable inference that there was a fair probability that other evidence of the drive by shooting what if occur would be found in his residence briefly your honour's also addressed the good faith argument to the extent that the court did clearly err in determining that probable cause existed here the officers reasonably relied on not war and therefore exceptions in which the good faith doctrine does not apply defense counsel points to one that there that this warrant was facially deficient that it lacked probable cause however based on all of the evidence and the case law that we've just discussed that's simply not so additionally t courts both the magistrate judge and the district court found that this warrant was supported by probable cause further suggesting that the officers reasonably relied on not warrant thank you very much thank you you're from there was so much more detail of the it's really worth reading the powers opinion because they can include the entire affidavit which is replete with detail it's completely lacking here including the fact that they linked up the suspected moniker of the the person whose whose home they wanted to search they link the moniker to his true id and there was the other shooter the other person who was involved in the murder had already identified him and they  they hadn't found they got so there was all this evidence pointing to the fact that the person in that case and bowers had was actually the shooter one of the shooters involved in murdering a park ranger the detail is just comes at odds with what's here staleness also depends on the amount of detail that they had another thing that i'd like to point out is that you know the government is essentially saying that tracy thomas was involved in planning the shooting and you know we have all this evidence of anything and we