the de filippo case is important because you had someone who was acting wholly innocently.was not committing an offense at all. as in this case you had someone who was acting wholly innocently and was not committing a violation of the law. and so even though the court said the conduct was wholly innocent, there still was probable cause despite the mistake of law. and that's all that we're saying. >> isn't there another difference between de filippo and this case? the court in de filippo talks a lot about how there's a presumption of functionality for any statute and we don't want officers to go around questioning the constitutionality of statutes. but here that's not the case. here there's a statute and an officer is not supposed to read it as broadly as possible. an officer is supposed to read it fairly. so there's no presumption that goes into effect and there's no way in which we could say the same thing bandage de filippo is we don't want officers to inquire into this area. >> it is different, but we do want officers to enforce the law. we don't want them to just sit ba