worth can you hear me yes you can we can hear you and we can see you on our videos here so we appreciate counsel go ahead and you have ten minutes per side picture the author good morning john rose from the office of the federal defenders of montana i represent josefina i'm going to focus our arguments this morning on two issues there's a few of specific facts i would focus the court on that i still leave show that the court clearly or first we need to focus on the location of where the oral consent was given my client was in a remote part of montana he was picked up by the county sheriff along with a deputy sheriff who were in uniform obviously with guns on their sides took him in their squad car to an even more remote location basically nonresidential a forest area to that setting and waiting for him are for or than i had asked now ice agents and when he is questioned you need to look at the facts of where the body was located he got out of the sheriff's car would that be different if it happened in the middle of the city of los angeles when they drove him around the corner and there were four additional l a p d officers waiting in the presence of other citizens makes it less coercive in that there's client to exercise his rights if there are other people present because he doesn't feel like there's no one there that what do we do with the district courts finding that your client was almost jovial in his interaction with the with the state and federal officers during this and they didn't didn't sound to me like he was particularly intimidated by the presence of all these long long we would attribute that's a nervousness reacting to a very serious situation by trying to somehow minimize it and getting back to him he was so nervous why did he make the statement that if they deported him he'd come back by kayak or bicycle that nervousness to that was that's just what he said to the officers i the county in a belief he knew the agent from a from a prior deportation indiana he knew the sheriff because this is a county where everybody knows the sheriff and the sheriff knows nearly everybody that doesn't that kind of get your argument if you need you know basically took him to this remote location he had in f p s pockets so this was not in the caliber that you would have on the corner in town this was obviously a law enforcement situation where they had likely f t s pockets and then when he was brought to remote location the record that two of the agents had dealt with my client previously where he was deported nine hundred ninety five which again we believe creates a course of the fire of that getting beyond the location of the oral going one way but i'm having a harder time going your way we would point further to the videotape which it was undisputed and i believe you can accept as a matter of fact that the agent said on the videotape we're doing the search pursuant to the consent so it might be that we should but that are going on that one isn't going to be dispositive in contrast to you know our review of gambling once that finally rendered and then it might make sense to address the  have won't give you consent key steps my sister owns the property so she should be the ones who signed up for it no time does you say no you cannot search i changed my mind and she has a remote rural location of and it summons up images of something like that the movie miller's crossing or whatever where someone's taken to a remote crossing not in the in the boondocks and they were in danger what what what is the record show about the reason or reasons if there were any on the record couldn't get through the officers just pick them up first that is and this trailer and then taken to the other location to meet with the other immigration people mentioned in either of those decisions fact it's somewhat surprising those decisions go through the analysis of that amalie is pending before the court now in pain and if it's going to dress  human of both counsel we now proceed to national treasury employees feet federal labor relations authority