indicated that he told him to put his hands out of the pocket but that is not supported by the record the record indicates a total of the sansa and in what page of the records since the i don't have that here ok that's all right and there are there are multiple points in the transcript when the officer testifies yes i would say i think at least twice the officer said that he told them to put his hands up there's a person in my multiple times where the officer says i asked him to take his hands out of his back i not sure but i i believe that that issue was clarify specifically as as to whether or not he asked them put his hands up in the testimony like read the record multiple times and i think that there's multiple points where the officer says i asked him to take his hands out of his pockets and then i think he asked something about did you ask him to put his hands up in the air and but it's an straight up in the air yes that that is not something that he would have done and less he was ordered to do so but it was up in the air is not something you would ordinarily do especially if you had something to hide and you would take  hands on the your pocket complete your hands down that's normally what it is it will die really doesn't the judge get to listen to the evidence observe the testimony and draw his conclusions as far as the fact yes but i believe that you know the facts have to be consistent with with what would test what with the testimony was aired during the testimony clearly supports that the officer when they asked what did she ask him to do and he said i estimate take his hands out of his packets i'm more than one occasion with the trial court's finding the back to be against the manifest way to the evidence not as to to that particular point but i but there was still a seizure here because he was ordered to stop approached by at least one officer and i still maintain that he was told to put his hands straight up in the air just the fact that he did that it's such an unusual thing to do its decision that a kind of a just it was all right to approach and then when he i think the court said that when he asked him to take his hands out as packets instead of just taking his hands out of his pockets he raised his arms up straight near his shirt then exposed his waist area and under where and hansen it was quite low and then he saw a plastic bag which based upon his experience away when the officer was approaching the area well they no doubt know this event alone make it different in illinois versus wardlow where there was a headlong flight yes here here he was just police there's there's nothing to suggest that he was evading the police he could have gone down the alley he could've run there was nothing discussed he was invading the place and i'm like why did the officer testified that he was in first of all the officer test but he was in an area responded walked briskly away and socrates he answers five and he got he went around to talk to them yesterday to stop walking he asked him would you remove your hands from your pockets that how i've read record and then there's you know there was direct in the process and then there's the trial itself so was that have the testimony and i accurately reported or is there something i wouldn't say that decide whether if you're not going to say it's a consensual encounter whether or not this was say a command that he had to comply with absolutely and don't the both of you agree don't you that the only picture we're looking at that there was that there were more than one office or more there was more than one officer that approached him and doesn't the record said show that this officer is the only one that got out of the car deck they didn't use the car in any way to prevent his will that's true but i don't i don't think that means that if there was a show of authority or something you know preventing that my other question is did you ever first officers weren't out of the vehicle then that would cut into the the officers testimony that there was a issue with respect to talk especially your best case for saying that asking someone to take their hands out of their pockets is seizure court we're looking at the record we can affirm on any basis the trial judge had his own notions of testimony you believe he had it all wrong but give me your best case for the idea that when an officer walks up to somebody and it would you stop walking and then he says would you take your hands out in your pockets that that is a seizure i would argue smith ok pockets are is everything that you're basing this on though the suggestion that the record clearly supports your conclusion that the officer ordered him to put his hands up in the air where and i don't want you indicate that there's a difference between you know order and told he told him to put his hands up and i would suggest that again because of because of what he did because he did this but it's i'm actually less you've been told with a lot of with the talk with a certain total of the certain amount of authority it's just an odd thing to do unless you were told to do something chicago police department in the area of eleven thirty nine north lawndale and saturation team he personally had made several arrests on that same block prior to this occasion and when he saw the miners planted that morning amelia upon recognizing that this fleeing and that it's running i believe in word bro i mean i think the flight was pretty obvious that he took off running but weather doesn't go so far as to say that the only way that somebody could be considered fleeing is by running workload basically said that a running the obviously obviously i mean i'm not trying to say that rocking is the same as a flat out sprint but i'm also saying that in looking at these circumstances and using some commonsense rationale this might respond to only evidence an intent to with that he can approach my respondent any officer can approach a citizen on the street and ask if they're merely willing to listen they did pull up next to him they were able to catch him driving parallel and they asked him to stop walking he  jackson when you're talking about that in jackson there was a fight it was a high narcotics area and there was a suspicious erratic behavior that the court found was enough to s and well the judge live and stated that the issue for him in his sign was that it was one of probable cause and that the officer had it based on seeing the bag and his experience as a police officer so the the wor lunch in bed but in this case and but they don't usually put their sandwich lunch bags in their way in their hands or underwear and that the officer when he testified that he believed that those well i think the officer say that he observed the bag but didn't ask any further questions and then just did a custodial search and then found products that way by taking the ba that he asked miner senate to remove his hands from his pockets then they tried to clarify that on recross i believe and the question was did you tell me take his hands out of his pockets and he said no i told him to put his hands up so he says and he clarifies upon further questioning i told him to put his hands up and then he didn't tell him to put it straight up and put him up so my recollection of evidence is that he first  say what it says and this court can affirm for any reason the record as just as right has been pointing out that there is several questions about the removal of the hands but regardless of where we come down  down so it's difficult to argue that someone's directive to the my responded was in error when he when he didn't search him and its use and said he was the absolute least intrusive means possible to neutralize a potentially harmful situation there certainly is already out there going to illinois bridges workflow where there was a headlock flight somebody running in an alley here there's a guy walking briskly it's quite a different i i would say it's not that big of a difference i mean when you talk about flights and you're not talking war that i think was very smart taking wardlow one step further from running to walking i don't think you need to see to take it from running to walking but mostly rocking away it's definitely a flight it's just maybe he could run maybe he has a neanderthal in the factor means he was trying to get away from this off and like terry the record here evidence the tempered act of a police officer who because of the investigation had to make a quick decision as to how to protect himself from possible danger and he took a very limited step in doing so he told him to take his hand out  his well looking at the totality of the circumstances there was indeed a legitimate government interest that strongly outweighed the slight intrusion on minors on its fourth amendment interests and if there are no other questions for these reasons than those included in our brief we ask that you