san jose is clear, twhauns sun marks an apernt your official sun rise at 25 to morning you'll see all of that haze. it buzz make for a pretty sun rise. temperatures out of the 30s into the 70s which is really unusual considering we only get about nine hours of daylight. we get into winter our days get shorter. near record warmth again today but like what they anticipate in the ohio valley and the northeast coast as we head throughout tonight. they may not be that impressive to you. but what we're targeting from this strong system is a triple whammy. the very cold air, strong wind and we're also expecting the snow as well. once this comes through the cold air behind it will be historic. we expect the coldest air in iowa in over a decade. it's always kold in iowa, temperatures are going to be comfortable here and put things in perspective when you look at this. heavy snowfall on the way to chicago where you might find delays, into tonight that's when the delays stack up on the northeast coast. you do want to check ahead a lot of people will be traveling after the holiday. >> speaking of

>> no, i think once the person -- at once decision is made not to prosecute, twhauns person is unconditionally released as was the case with three of our plaintiffs, that interest is no longer there. >> even before being released, the court acknowledges there is a government interest in knowing if that person is wanted elsewhere, is that not inconsistent with your argument? >> i don't think so. first of all, finger prints is how that determination is made. if somebody is want sd not done with d.n.a. if somebody is implicated in another crime is done with d.n.a. with california's infrastructure and most importantly with the current protections for privacy, that determination cannot be made in time to be meaningful for people who are arrested and then released before arraignment or at arraignment. because remember this court -- >> that was in king too, wasn't it? >> well, no. true ything you say was in king and as judge smith pointed out and justice scalia pointed out in decent. so where are we? >> you started by saying this case is different and all the interests, many of the interest in king d