got everything and broke it down. >> may i ask you why you didn't collect the evidence when you first saw it? i mean -- >> we weren't looking for that. what we was looking for was tobacco or tobacco products when we came across that. >> so it was your assumption that this was a sexual toy? >> yes. yes, it was. >> okay. anything else? >> thank you, mr. roundtree. >> if he was going to write her up, he should have collected that evidence right then and there and not gone back. whether he was looking for tobacco or drugs or whatever, if he knew he was going to write her up, he should have gotten this in tact thing that he saw. otherwise, it's not what he's saying it is. i'm asking for a dismissal. >> moments later, sergeant gooch renders a decision.