. >> mister kennedy. >> seniority does matter in the united states congress would you can call me naÏvebut i think big ideas matter too. in recent years i watched a huge impact on this country. think of marco rubio and ted cruz, i don't agree with everything they have said or done but any reasonable person would agree they had a big impact on the discussion of where america ought to go. the first thing i do in the united states senate, i will call every one of my colleagues, democrat and republican and take them to lunch. i will buy. i just want to get to know them, what are their interests? why are they in the united states senate? what do they hope to accomplish and i want to introduce myself and work with everybody, i won't sacrifice my principles. >> next question from elizabeth crisp. >> senate leader refused to move forward with confirmation proceedings for president obama's supreme court justice nominee merrick garland. leaving the high court vacancy to be filled by the next president and confirmed by incoming senate. and coming years, more on the supreme court vacancies, what is

. >> mister eisenhammer, you have three minutes remaining. >> just to answer justice kennedy's question about reasonable error on a detention, in that situation the officer would have a qualified immunity that would, assuming it was objectively reasonable, he would be protected. in that situation. with respect to the seventh circuit. >> there still is a fourth minute violation. >> there still is a fourth amendment violation but he would have qualified immunity if it reacted with objective reasonableness . >> because if the fourth amendment doesn't have any intent, either violated or not violated. >> there's either probable cause or not and then you could superimpose qualified immunity. the seventh circuit would have said that there is no fourth amendment rights whether or not a petitioner filed the claim three years, four years, 1 million years ago or the day after he was released. that's their position. that's why we are here, on the question of whether this is the fourth amendment violation we rejected at the seventh circuit that is due process . >> so you don't care that we don't rea