mr. fisher, i have a preliminary question. ven if you are right about mistake of law, isn't it a question in this case -- as i nderstand it, a traffic stop was a warning citation. so the traffic stop is over. and at that point the police officer asked if he can inspect the car. and the answer is yes. why isn't the consent to the search the end of this case? because it would be a poisonous tree if the stop was illegal. there never would have been opportunity to ask for consent. that's why the state and attorney general haven't made any argument that wipes away the fourth amendment. >> suppose the officer had said, all right, i'm giving you a warning. you're free to leave now. but by the way, may we search your car? >> i think that's more or less what the officer did say here. >> you would say, even in that situation, that that would be the fruit of the poisonous tree? >> yes. because the stop wouldn't have taken place. the court's cases proves and all the rest say traffic stop is a seizure. so upon pulling mr. heien over, the o

mr. fisher. >> mr. chief justice and may it please the court. in a country dedicated to the rule of law governmental officers should be presumed to know the law at least as well as the citizens are. that being so, when questions about individualized suspicion arise under the fourth amendment they should be addressed against the backdrop of the correct interpretation of the law not simply any plausible reading an officer might have. north ppose the state, carolina, did have a good-faith exception to the exclusionry rule. what would you be arguing today? >> we would still be arguing, if that were the case, that not only the fourth amendment was violated but that the good-faith exception didn't apply, but you wouldn't have to reach that question in this case. and i would concede to you, justice kennedy, that would be a debatable argument. >> why would it be any more debatable than the argument you're making here? i more or less anticipated your answer. i think that has to be your answer. i think you have to tell us even if the good faith exclusionr

mr. fisher. >> mr. montgomery. >> may it please the court, the fourth amendment prohibits unreasonable search and seizures but it does not require that police officers be perfect. because this touchstone is reasonableness all that is , required is that a police officer has a reasonable view of the facts and applies those facts to reasonable law. >> when will we get a right understanding of the law? as i read the north carolina supreme court decision, it still hasn't told me whether it is one or two brake lights. the next police officer who wants to stop someone will not know that either. he might be found by the appellate court decision, but that will not help clarify the state of the law. isn't what you are doing going to leave criminal law unclear? it is one thing to say you want to not subject officers to civil liability. it is another to state you want to leave the law unclear in a criminal prosecution. >> in north carolina, controlling -- comes from the court of appeals. that is not to say the supr

mr. fisher, i would like your take on this. and i also want to talk to you about gas prom and pbr. >> so morgan stanley -- how about money. how about the fact that, you know, about what's going on in the ruble. maybe it's regulatory also, but don't you think -- who puts out a headline -- >> one of the first questions you asked when you sat down, where is the ruble. >> okay. you know, i mean could be regulatory, yes. all you think it is? >> no. i think it's the ruble. >> when you look at the russia and you look at companies like gas prom, petrobras, what do you think? we've talked about petrobras on the show a number of times. >> pret tro brass at 6 or $7, i'm not sure where it is, gas program, and to me reminds me of citibank when it was a dollar and bank of america was $5. very quickly these two names are no longer energy bets. they're sovereign nation bets. >> yeah. >> if you think that russia will make it you want to buy gazprom. if you think that petrobras -- you think the brazilian government is going to survive every scan

sergeant fisher was only 24 years old. mr. speaker, sergeant fisher was a brave young man. he decided to join the army reserve and then courageously volunteered to become a member of the active duty military. sergeant fisher chose to put himself in harm's way in order to protect the freedoms that we as americans enjoy every day. we owe him a great debt of gratitude for making the ultimate sacrifice on our behalf. i ask my colleagues to honor and memorialize zachary m. fisher's service by supporting h.r. 5794 and i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from vermont is recognized. mr. welch: thank you, mr. speaker. again, it's a combination of humility and pride when we hear about the lives of these brave young americans. this is the second wonderful person from missouri. but all of us in our states have people that have served america this way. what strikes me here is mr. fisher, officer fisher, went from iraq to afghanistan. he didn't have to do that. but he had a need to serve. and the inspiri

mr. fisher is coming in. for friday, not that he knows the number ahead of time but get everybody prepared if numbers are better than we thought, what will be the fed's response. sit back, relax, this is what's going to happen. on the negative front, geo politically, the talk is that isis may have surrounded kobani. if that's true, that will not be good. >> money continues to flow out of russia and the ruble. another side effects of what we're seeing in the whole reshaping of the energy landscape. >> absolutely. many investors are still in cash. there are estimates that over $11 trillion in cash is sitting under this market and hasn't moved yet. >>> interesting. good to see you. have a good week. >> my pleasure. >>> up next, cyber monday is in full swing. smart phones are sure to be one of the most popular items to buy for the holidays. former apple ceo john skulley wants a piece of that market. here at post 9 the smartphone land and what he sees for apple holiday sales. we'll be right back on "squawk on the

mr. ken fisher, founder of fisher investments, old friend from earlier days in this whole crazy businesst we do here. what's simple about this market? >> this is the kind of past middle stage but not to the end of a bull market. >> okay. >> where you get the norm a process of fewer and fewer stocks leading the market and those that do are big and bigger and you want to keep it real simple so you don't snatch defeat from the jaws of victory and the way you do that is to focus on big, simple names and ask yourself, what's kind of stock that the last greater fool that would get into the market just after it peaked but too afraid to buy a single stock before would buy when he or she was buying and that would be big, diversified revenue, fat growth margins. >> brand names out there. >> but just big, master, easy,ing me gas keep it real simple, don't try to be too cute. the stock picker likes to dip down for the fancy and exotic. in a world where big does better than small and bigger does better still, which is in the world that normally leads the latter part of a world market and the one we a

. >> host: dear fisher, facebook page. mr.has so much as stated by performers of our tax system should look to taxing us when we spend wealth, not when it's served. those on to talk about the fair tax act. >> host: the idea of consumption taxes. for those who are want just enough to look at the website of think things, i recommend going to aei.org and look at our tax specialists. he's written a book on consumption taxation called the ex-tax. all that means is you don't have to pay taxes on the money you save. but when you take money out, when you spend it, do you thought you consume you have to pay taxes on. there have appropriate ways of protecting poor people from taxation. it's a much worse is the way to design our tax system. if we did that, we would see the stronger economic growth and greater tax fairness. >> host: greta post that you should run for president in 2016 if for no other reason than to get your message before the public. >> guest: thank you so much. the question is is america ready for the president. i think

. >> host: fisher, facebook page, mr.and bill gates have some much as stated reformers of our tax system should look to taxing us when we spend wulff, not when it is earned. talks about the fair tax act. >> guest: a consumption tax is a sensible thing. for those who watch, look at low website think tanks, recommend going to aei.org and look at our tax policy specialist who has written about consumption taxation, the x tax. you don't have to pay taxes on the money you save but when you take money out and spend it the amount you consume you have to pay tax on it and you don't want a bias against could poor people who consume more than they save by having appropriate ways of protecting poor people from taxation but it is a sensible way to design hartack system. if we did that we would see the stronger economic growth. >> host: greta posts on our face book page you should run for president in 2016 if for no other reason than to get your message before the public. >> guest: thank you. is america ready for a bold president? i t

mr. blackwood and his fellow defendants were returned to prison. they'll appear in court again next week. under burmese law, this offense is so serious that there's no point even applies for bail. jonah fisher, bbc news, yangon. >>> just one or two other stories i want to bring to you. the largest colombian rebel group has called an indefinite unilateral cease-fire from saturday. the announcement was made in cuba where the farc has been holding peace talks. the rebels say the cease-fire will only be suspended if they come under attack by the armed forces. >>> in mexico, at least 11 people have been killed in a shootout between vigilante groups. the two rival groups clashed, they are locals trying to protect themselves from drug cartels. earlier in the year, the government did try to gain control of these vigilantes by integrating them into a rural police force. >>> to nazareth in israel, as the festive celebrations are under way now with the lighting of a 20-meter-high christmas tree. hundreds of people watched as the bells rang out and fireworks went off over the city, which of course christians believe to be the childhood home of jesus. bells ringing out in the church on wednesday as cele