mr. farley. >> mr. chief justice, may it please the court, the issue today of whether or not police can create exgent circumstances. the test for the supreme court is improper for several reasons. the effect of the police officer when affect at the warrant is irrelevant? >> when did the kentucky supreme court said it was looking to a subjective state of mind? >> the kentucky's first test, i believe it's in our petition appendix on page 26. [papers shuffling] >> i'm sorry. it's -- their discussion starts on page 44a and carries over to 46a. the first question of their test is whether or not the officers acted in bad faith and attempt to purposely evade the warrant requirement. >> that didn't apply in this case. >> this that is correct. the second prong of the test is whether or not the actions of the respondent would have been foreseeable by the police officers before they knocked and announced their presence. the problem with the forseability -- >> why is that subjective? why wouldn't it equal both to a

mr. speaker, we just had state representative steve farley who had been extremely laudtory on your comments as you listened to the governor yesterday, he thought your remarks were so appropriate. you talked about the political climate and he had pledged to you no more raising of the rhetoric of him as a democratic minority and i'm asking you, mr. speaker, will in fact there be less of this volume and perhaps a diminished amount of this volume of political speech that we've heard for the last couple of years in arizona over all kinds of issues from 1070 and now to this tragedy and perhaps a comment on the political climate, if you will, please? >> i certainly hope so and i'm optimistic that we will see changes. you know, we will never really understand nor can we understand what would cause one human being to cause so much carnage like this. it's impossible for us to comprehend. but i don't think it's as important to discuss why he did it as to discuss what do we do now? and that was really the focus of my speech yesterday when i accepted the re-election to the speakership. we need to return

mr. speaker, we just had state representative steve farley who had been extremely laudtory on your commentss you listened to the governor yesterday, he thought your remarks were so appropriate. you talked about the political climate and he had pledged to you no more raising of the rhetoric of him as a democratic minority and i'm asking you, mr. speaker, will in fact there be less of this volume and perhaps a diminished amount of this volume of political speech that we've heard for the last couple of years in arizona over all kinds of issues from 1070 and now to this tragedy and perhaps a comment on the political climate, if you will, please? >> i certainly hope so and i'm optimistic that we will see changes. you know, we will never really understand nor can we understand what would cause one human being to cause so much carnage like this. it's impossible for us to comprehend. but i don't think it's as important to discuss why he did it as to discuss what do we do now? and that was really the focus of my speech yesterday when i accepted the re-election to the speakership. we need to return t