so far yes but is a bit of a mess in terms of his credibility in terms of you know as the government pointed out he claims he didn't even see the photo the district court found to the contrary he claims that mr baby did have a gun to support for into the country and so forth and i'm not here to say that that that fact the fact that he was you know walking out al of a bar although i do believe that severely undermines the rationale with officer power gave i am going to  a lot of sense but sure that my case doesn't rise or fall on that but it's certainly tips in the balance against reasonable suspicion so your honor i would i would only say in the description it's not that simple it's not just the nothing mentioned in the description at all the other was the fact that the detainees were ten years older than what was described in the broadcast with the victim's report and here again from remarkably the exact t mr robinson who again please to just seen a photograph of so those were sprayed on with brown but why it gets better when the facts are better than brown is the photograph where we started off this morning and all but i do think it is an important issue here there is a neurological relevance whatsoever to the reputation in the area for criminal activity police were doing was they had a description of a known criminal and they've got this person sufficiently match it for me to stop that has nothing to do with the robbery rate in the area or anything else i would urge the court to clarify that in this case because there is a it's not will bit here because you know we the police know i'm looking for this person here's a description and the question is is the person i see you know there's a match  just show up that happens after those things most often and then you're off to the races then you've got an identification that was based on a show up that's probably going to be upheld and you know some some some bad things we're looking at this your honor from the perspective of the officer at the time in a chase and not pressured environment where the officer seen says here's a guy who it would appear is the guy they're looking for releasing the boy and he's not out of they took the stand they argued these officers were corrupt they planted the gun and the reason the jury should conclude that they were corrupt was because of that state and the fact that it wasn't the arrest report the jury  moving back to work with the situation they face again we have to look at the totality of the circumstances it's ted knight a person is wearing a right clothing in the right place based on the officer's intuition and this your honor it's a distinction with brown the officer has made a judgment which we respect that in this area if you're running and you want to blend in there's one place to go where the number of people at that time is so that's i think those two he drives against traffic to get there because he wants to get th fast as he can and he's made a judgment that there's a place to go he sees him from the back from the back it's the right build the right gender the right race the right jacket everything is right and then mr bay turns around now if he saw a picture of back robinson we don't know exactly which picture but we have a record there's a picture of robinson from five months later and we also have a picture of the day on the night of the arrest and there's no question as i stand here now these are different people and there's no question the day is darker skinned and he's a little heavier you know there is basically the same height but the question we have right now is what from officer perspective in the chase standing there twenty feet away when he sees true gentleman who look like this does he instantly said i was wearing the right jacket i was in the right place there is he instantly say that's not the guy  him let's get back to work we need to find the guy but instead what he sees is an african american male now again this is from twenty thousand feet the facial features might be their friend he might sense that but then he's also dealing with  by our betters upstairs that the touchstone of the fourth amendment is reason of us what's reasonable is a reasonable for officer power to look at and say much about that skin color i don't know about his size and officer power to the reason our bank and which shows you that also it's what the officers did in the minutes afterwards yes they found a gun and they were going to hold him for that but first they still had to work out where is this under robinson of the car because of a whole even that wasn't strong enough apparently the officers knew because officer powell took an additional step and we heard from both powell and fritz that powell drove bay a block back to where the scene started this is what the police are supposed to do and this is what the supreme court in terri permits them to do not to just try to make a judgment fifty year old woman easy an african american man same height ammonia from a plant over and over again and therefore people working there were there late at night with tools in a high crime area it was more likely it was them this is that was an i t case in which high crime area was relevant so that's why all i'm saying is you need to be big quiet courtroom where we have misty tell the record in front of us what we have all the time we need to discuss this with each other we have no concern but a laser run around here a pop up with a gun or anything like that it's a whole different matter for someone like officer power to make a judgment on the spot at ten at night in a block away from where two people have run we need guns behind in the car that's where the officer has emerged as judgement and make decisions and what the supreme that he can't reach a judgment on but i'm saying just on the basics just looking at the basic distinction between these men and thinking about them wearing the right clothes twenty feet away i think i'd be derelict for an officer to say i'm just going to walk a result of that in terms of both the doctrine and what can happen in perceptions me i think that's a bad thing there is no precedent absolutely no precedent requiring that factor to be considered in this type of a circumstance  i do think clarification is required recent very recently the court in foster case which was handed down after the preaching in this case mentioned high crime areas again that case is distinguishable for all sorts of reasons it's very much like goodrich the match you know how can we expect you know someone to just say hey this isn't a match this this it's ok vito stop was very well it's a low bar it's a friendly you know interaction and why don't we just allow this because it's a fast pace situation you know two things first of all be conscious of hell distinctive good description is and that has to inform what your actions are what should tell have done here powell in this situation should have rolled up on lids and either done was the reason was crowded with people outside the bar the reason it became a little chaotic was because officer powell escalated this into a something we see on the nightly news that turns out that that's what happened here and then you had all the people people started pouring out about what he doing he didn't do anything wrong what's going on just and that officer powell mouthing off to the people and i'm not i'm not that's not to denigrate he's it escalates it gets heated you know we're lucky nothing happened but it wasn't because as officer powell rolled up to the situation it was this chaotic night where he actually he actually created  i'm not trying to belittle the officers here it difficult job it's it is high stakes it's fast moving and i agree with mr sounds more on that what i'm saying is if it doesn't override it th and we do with a benchmark you know but there's no i didn't hear anything about the browns different because of this mr rather said well it was a bad well in a town where we had if it was in the sixers i don't think wright is really that distinctive or constitutionally relevant when we had him brown wrote he's wearing a dark hoodie and the court and brown said you know what that's not distinctive enough so the red doesn't in my mind cut it in terms of distinguishing pout and i heard nothing else but in terms of was your honour's of sesame several times what was off somehow supposed to do and i said well this requires on myspace tape and this degree of you know not so great of a match it required something else before you pull a gun and could be done the street guy's going to get away anything like that and all i'm saying with the totality the circumstances here is you know this wasn't a solar mission so you had other people looking at everything else and the opportunity cost of watching mr bay for a few minutes to see if anything happened was compared to another case which which one might imagine where it's a hot pursuit and nothing else is going to happen so again you know important job for the that i'm not saying these are easy calls but we do have to draw a line somewhere and what i think it's critically important here is we're not writing on a blank slate brown has drawn some very clear