they did not know the identity of that individual at the time the place marshal pain under arrest they did not know the identity of that individual until several hours after mr marshall payne was at the home and square police stations in custody under your honor the best evidence of that is the charge of police officers on reports and their testimony if you refer to the criminal complaint paragraph eighty two in a companion case thirteen seer one fifty five which was  exhibit five and mr paine's motion to suppress the the officers then in the complaint state that individual c marshall payne is was identified after he was arrested after officers talked to him for more than an hour after officers listened to calls thirty fifteen thirty forty two thirty fifty five then they made a voice identification of marshall payne so this was done hours later chicago police station when that voice identification was in fact me so at the time they arrived at central park and a vision where the arrest occurred they didn't know who was the voice on those phone calls judge the at the central park and division location where street memorial was taking place when they arrived it was approximately eight forty five pm roughly an hour after these three phone calls had been intercepted well you're right they did recognize him based on the photos based upon a booking photo he got there the testimony was that they recognized him based upon a booking photo there was no evidence when that booking photo was from but that was the testimony that the the booking photo that they had previously viewed they were able to make a positive identification of marching correct when they get there what is marshall team doing he's standing on a sidewalk next to a street memorial where there are several on the other individuals standing police officers were in covert vehicles so they didn't stop right at the memorial they drove around the block when they drive around the block marshal payne is now inside his vehicle a chrysler three hundred and inside that vehicle he's reaching towards the back so they don't see him holding a weapon they don't see him holding any contraband they simply see him reach toward the back seat and then turn around and before they do that though they ran the crisis license plates on the computer  the vehicle he's against ending on the sidewalk near the street or more it's at that point that several unmarked vehicles approach that area surround marshall and vehicle and several plainclothes should try the police officers exit there on march vehicles with guns drawn and give chase to mr paine at that point mr paine clearly is not free to leave he sees he runs into a drug store down the block and is  taken to the ground in place in handcuffs clearly under arrest at that point now after he was placed under arrest a search of his vehicle takes place mr paine is taken back to the home where police station for interrogation to nine firearms are recovered from the vehicle and potential incriminating statements are made by marshall payne back at the police station this all happens after the arrests fruit of the poisonous tree the  content judge judges there are no exceptions to the warrant requirement in this case at the time that mr paine was arrested there was not probable cause to  his arrest but that time his vehicle was searched there are no exceptions to the search warrant requirement that would allow that search to take place based upon the actions of the officers in this case we are asking that you would reverse the  identified they believed him to be the speaker on the november twenty sixth col space and by pax not marshall that that the target of the interception was duane payne right during the interception period they had identified two particular phone numbers that they believe belonged to the defendant marshall ok and they made that identification of the defendant as the user of those phone numbers based on the fact that he was this name subscriber to one phone number the same phone number that made the november twenty sixth calls and based on the contents of the prior intercepted calls where they were first to family members refer to each other as family members when they arrived at the scene than before approaching the defendant they ran the license plates on the chrysler three hundred it was registered in his name and they also knew from prior intercepted calls that the defendant had referred to a chrysler three hundred had told wayne he just purchased one and in addition at the time that they responded to the scene then they also saw him sitting inside that car and reaching toward the back seat which is where he had previously told wayne that day the guns would be headed now the district court correctly found  that point the defendant's presence and possession of the car alone after in the context of those intercepted conversations gave the officers probable cause to believe that the defendant has asked and that that car contain the defendant's actions after that provided further facts in support of probable cause because when he saw a law enforcement approaching he lacked the car he ran he tossed the keys onto the roof building the intercepted conversations the officers observations of the defendant at the scene and the defendant's actions all provided more than sufficient support for the district court's conclusion those same facts then gave officers probable cause to search the defendant's car under the automobile exception district court pointed out there were additional facts supporting probable cause for the search including the fact that the costumes that the defendant had referred to in the intercepted calls earlier that day as hiding the guns were plainly visible through the car window for all of those reasons the district court's finding that the officers had probable causes supported by overwhelming evidence and should be affirmed unless the court has any further questions i will end by asking the court to affirm th respond briefly to a couple of counsel's arguments the inquiry as we feel is one was marshall payne identified by the chicago police officers as the voice on these overheard calls the testimony of the chicago police officers at trial or at the hearing on the motion of suppress was an individual later confirmed to be marcia paine and that later confirmation was done at a police station after his arrest reports that were compiled by the chicago police officers and were attached as it is exhibits to these motions and replies no subscriber for that phone number the phone number ending in seven one five four that was the key number  now as far as references to family members on phone calls we've counseled referring to hundreds of references that duane paine made to on his calls to a bro and i was to marshal tween pains brother looking had numerous calls throughout this investigation tween pain called everybody he talked to broke her dog and i i don't think that the government would contend that whoever and we will be in recess until tomorrow morning the second day of hearing for the year two thousand and sixteen