As of 2013, 24 states had stop-and-identify laws. Alabama has some strict laws for people who attempt to steal identities and use the information of others to their advantage. Prev Next Cite this article: FindLaw.com - Alabama Code Title 13A. Resisting officers is a terrible name for a statute, but could lead to a good pick up line. (c) A defendant may be convicted under this section, even if he or she has not received actual notice of the appearance date, if reasonable efforts to notify the defendant have been made, and the defendant, by his or her own actions, has frustrated the receipt of actual notice. Because people dont often know what an officer is investigating or what information he or she has or is looking for, failing to identify yourself could theoretically result in a charge for obstruction by hindering if identification is needed for the officer to lawfully discharge his or her duties., While I am sure that there must be some situation where its not advisable for a person to provide his or her name and identification to police, I cant think of any., In most instances refusal simply escalates a situation unnecessarily and sometimes results in arrests and all of the collateral consequences of arrestand they are going to be able to identify you at that point anyway, there is no win., It is also important that people who give their name and identifying information to law enforcement give the correct name and identifying information. Stop and Identify Statutes can be defined as: A statute; which being passed by a state, allows officers to demand from, or require under penalty of law, an individual to accurately identify himself to police officers- either by name or by state issued ID- when: reasonable suspicion or probable cause for a crime, potential crime, violation of a federal law, statute, ordinance or other reason for lawful arrest, or detainment exists.. Stop and identify statutes, like stop and frisk stem from the same case, but are two separate things. [56] Conversely, West Virginia's courts decided that their resisting arrest statute did not include individuals who refused to identify themselves.[57]. Giving false information is a Class B misdemeanor punishable by up to 180 days in jail and up to a $2,000 fine. Other states simply require that the person stopped not provide false information. [20][21] It is not clear whether a "stop and identify" law could compel giving one's name after being arrested, although some states have laws that specifically require an arrested person to give their name and other biographical information,[22] and some state courts[23][24] have held that refusal to give one's name constitutes obstructing a public officer. The trooper stated that after defendant was arrested and on the way to the county jail, defendant stated that he did not stop because he thought that the trooper was a city police officer and that defendant had heard rumors that the city police were harassing the public. The opinion by a three-judge panel of the 9th Circuit . Texas P.C. For example, if you believe that a law enforcement officer improperly stopped you, you will want the assistance of an attorney in developing this defense. If they are told that they are not free to leave, ask if they are under arrest. 28, 1595: Arkansas: Ark. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Ohio, 392 U.S. 1 (1968), a law enforcement officer may stop and temporarily detain any person that the law enforcement officer reasonably believes is engaged, or may be engaged, in illegal or unlawful activity. [61][62][63], US state laws allowing police to require identification of those suspected of a crime, Encounters between law enforcement and the general public, Recommendations of legal-aid organizations. Please select a topic from the list below to get started. Follow Trials and Court Cases as they unfold. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. Current as of January 01, 2019 | Updated by FindLaw Staff. See. [28] The opinion in Hiibel implied that persons detained by police in jurisdictions with constitutional[29] "stop and identify" laws listed are obligated to identify themselves,[30] and that persons detained in other jurisdictions are not. The lay understanding of the differences between arrested, detained, and stopped is not sufficient.Imagine a kid stopped by the police when they demand his name. Therefore, we defined Stop and Identify States as such: A state which has enacted a statute that can be defined as a stop and identify statute; which is not narrow in scope and broadly allows officers to demand from, or require under penalty of law, an individual to accurately identify himself to police officers or other law enforcement.. This statute is part of Chapter 968 entitled "Commencement of Criminal Proceedings. In civil court, a lawsuit is initiated by the filing of the complaint. If the arrest is lawful, it may be a best practice but in most instances the information will come out quickly enough. Many state laws explicitly grant this authority. For the sake of this study, we created the following definition based on the 4 cases above, so that we can fairly determine which statutes can be classified as stop and identify. Good Samaritan laws provide limited immunity from . Stat. Resisting an officer A. Resisting an officer is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has . Normally these countries provide all residents with national identity cards, which have the identity information the police would want to know, including citizenship. Failure by the person stopped to respond is a violation of the law and can lead to arrest and criminal charges. This has been a growing trend throughout the Southeast and was the subject of a presentation at a conference I recently attended. California Penal Code Section 647(e): A Constitutional Analysis of the Law of Vagrancy, Hastings Law Journal, 1980, Volume 32, Issue 1, Article 9, In voiding California Penal Code 647(e) in. Free Newsletters For the sake coming up with an accurate definition for the purpose of this study, we will be excluding statues that fall under the Mimms decision which is specific to traffic stops. The law that most everyone knows is the speed limit, and this is because there are large, prominent signs all over the placeCould we have large, prominent signs outlining rights during police interactions? Desmet has an . Are Terry stops, stop and frisk, and stop and identify laws a violation of peoples rights, or are they simply a necessary part of enforcing the law? Storage charges start when the vehicle is reported.) Intentionally given a false name, false residence address . As of April 2008, 23 other states had similar laws. Very rarely is a stop and identify statute called as such. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. They should give the requested identifying information, but still say no to searches and questioning. After providing the information and allowing reasonable time for the officers to check it, a person should ask if they are free to leave. In the state of Alabama can you be arrested recording a police officer or failure to Id If you have not committed a crime. Failure to identify oneself to a police officer is usually a misdemeanor offense. :) criminal-law Stop and identify statutes have been poorly defined, and as a result there is a lot of confusion about how many states actually have stop and identify statutes. View Other Versions of the Code of Alabama. This is the definition that we have applied to the 50 states we looked into in this study. A number of defenses are commonly raised by those charged with failure or refusal to identify oneself to a police officer. If you would like to support us go here. 2010). Please always provide the officer with the requested information. [46][47] Utah "obstructing" law does not require a physical act, but merely a failure to follow a "lawful order necessary to effect the detention";[48] a divided court in Oliver v. Woods concluded that failure to present identification constituted a violation of that law. Without being sure, I would speculate that each states supreme court has interpreted similar laws in these two different ways. In State v. Friend, William Friend, III was charged under the states Resisting officers statue when he refused to put on his seat belt, and was lawfully detained and failed to identify himself. To establish a defendant's duty to warn under the AEMLD, a plaintiff must prove that: Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself. After serving 19 For example, California "stop and identify" law, Penal Code 647(e) had wording[36][37][38] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v. Solomon (1973), 33 Cal.App.3d 429 construed the law to require "credible and reliable" identification that carries a "reasonable assurance" of its authenticity. "Stop and identify" statutes are laws in several U.S. states that authorize police[1] to lawfully order people whom they reasonably suspect of a crime to state their name. It shall be unlawful and an offense against the city for any person to fail to obey the direction or order of a member of the police department of the city while such member is acting in an official capacity in carrying out his duties. As far as I can find, Hawaii has no Stop & Identify laws, which would make it a crime to not show identification if asked during detention or arrest. [25] Annotations for Wisconsin 968.24, however, state "The principles of Terry permit a state to require a suspect to disclose his or her name in the course of a Terry stop and allow imposing criminal penalties for failing to do so", citing Hiibel as authority. While a citizen may be well within his or her rights in refusing to provide law enforcement with his or her name or identification, exercising that right might not be the most practical thing to do in the vast majority of circumstances and even though the citizen might be vindicated the price of vindication might include an arrest and formal court proceedings.While a citizen may be well within his or her rights in refusing to provide law enforcement with his or her name or identification, exercising that right might not be the most practical thing to do in the vast majority of circumstances and even though the citizen might be vindicated the price of vindication might include an arrest and formal court proceedings. For example, in Georgia a person can be charged with obstruction by hindering if a person knowingly and willingly obstructs or hinders a law enforcement officer in the lawful discharge of his or her official duties. The term stop and identify statutes appears to be popularized by this case, and it is a major source of the incomplete information used to build the current lists of states with stop and identify statutes. Mimms ruled that, subsequent to a valid Terry stop for a traffic violation, a police officer may search the individual for weapons where the officer has reason to believe the person is armed and dangerous. Whether the person was warned when released of the penalties for failure to appear, shall be a factor in determining whether the failure to appear was willful. Ct. of Nev., Humboldt Cty as an accurate or complete list of states with stop and identify statutes. The court held that the troopers request to see defendants drivers license constituted a lawful order and that observing a violation of the state traffic and vehicle safety regulations, the trooper had a statutory right to request and inspect defendants operating license. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Some states, such as Arizona, however, have specifically codified that a detained person is not required to provide any information aside from a full name. In Alabama (11th circuit) there is no specific law requiring the passenger to ID, but that's about all about Alabama. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Finally, we found 1 state which should no longer be considered a stop and identify state. Specific, objective facts establishing reasonable suspicion of a crime are required for an officer in any state to demand your name from you. Alabama Code Title 13A. (These quotes come from the dissenting opinion but is in line with the majority opinion.) Not Alabama, but the 9th circuit in US v. Landeros (PDF) just ruled that a passenger is not required to ID absent any suspicion the passenger was involved in any crime. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If so, they should leave. Texas Penal Code. . Sly v. State, 387 So.2d 913 (Ala. Crim. Home City & County Jails Virginia Pulaski County. [39], Some courts have recognized a distinction authorizing police to demand identifying information and specifically imposing an obligation of a suspect to respond. Neither is Illinois, since the Illinois Second District Appellate Court Decision in People v. Fernandez, 2011 IL App (2d) 100473, which specifically states that section 107-14 is found in the Code of Criminal Procedure of 1963, not the Criminal Code of 1961, and governs only the conduct of police officers. [52], Some courts, e.g., State v. Flynn (Wis. 1979)[53] and People v. Loudermilk (Calif. 1987),[54] have held that police may perform a search for written identification if a suspect refuses to provide it; a later California decision, People v. Garcia (2006), strongly disagreed.[55]. (b) For every person found in violation of this section or Section 32-6-1, a reasonable effort shall be made as soon as possible, but not later than within 48 hours, to determine the citizenship of the person and if an alien, whether the alien is lawfully present in the United States by verification with the federal government pursuant to 8 U.S.C. More than 300 people in Alabama have been charged since 2014 under a little-known, but long-standing state law requiring people with more than two felony convictions to register with their. During this pat down, the Officer found a handgun in Terrys jacket. Provides that a person who knowingly or intentionally refuses to identify himself or herself to a law enforcement officer who has reasonable suspicion to believe that the person has committed, is committing, or is about to commit a crime commits failure to identify, a Class C misdemeanor. As previously discussed, a law enforcement officer must have reasonable, articulable suspicion that a crime has occurred or is about to occur. App. [60], In other countries like Australia, Canada, New Zealand, and the United Kingdom police generally have no power to demand identification unless they have a statutory power to do so. Colorado "obstructing" law, Colorado Revised Statutes 18-8-104(1), reads, in relevant part. In states that have stop-and-identify laws, the prosecutor has to prove two things in order to get a conviction: Before a police officer can properly stop a person and ask for identification, the officer must have a reasonable, articulable suspicion that a crime has occurred or is about to occur. Stay up-to-date with how the law affects your life. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. Sign up for our free summaries and get the latest delivered directly to you. The court held that Washington states stop-and-identify statute was unconstitutionally vague. State v. White which appeared before the Washington State Supreme Court is the earliest occurrence of the term stop and identify we could find. If you cannot afford a private lawyer, you should advise the judge of this fact at your first appearance or as soon as possible. (Hiibel 2004). [42], It is not universally agreed that, absent a "stop and identify law", there is no obligation for a detainee to identify themself. And if you decide to go to trial, having a good lawyer in your corner will be essential. California Penal Code 841, states, in relevant part, The Fifth Amendment prohibits only communication that is testimonial, incriminating, and compelled; see, "Constitutional" means that the law requires the officer to have reasonable and articulable suspicion of criminal involvement. Which to this date does not have a stop and identify statute. However, we found that at least 32 states have stop and identify statutes, 4 of which are very limited in scope. A certified copy of the ID card can be presented in such situations. Connect with her on Facebook or at CRMAttorneys.com. [19] However, Miranda does not apply to biographical data necessary to complete booking. Alabama's Unified Judicial System is one of the oldest in the nation. App. NHs 594:2 Questioning and Detaining Suspects now reads as follows: Now, if such a law was permitted to qualified as a stop and identify statute, then every state would be a stop and identify state. Different obligations apply to drivers of motor vehicles, who generally are required by state vehicle codes to present a driver's license to police upon request. The subjective standards, coupled with motivations for officers to make arrests, are deeply problematic. -Jeffery Johnson. Resisting officers statute: Before we go any further. (2)Refuses or fails, or any of its principal officers refuses or fails, after notice, to produce any records of the charitable organization. There are three types of injunctions: Permanent Injunctions, Temporary restraining orders and preliminary injunctions. For example, Pennsylvanias Title 34 904. which requires individuals to identify themselves to GAME officers, not law enforcement as a whole. In fact, it may be the most clearly stated stop and identify statute we have found. How can we get the public to become more informed about the laws and statutes that govern their everyday lives? Its crazy but the same legal precedents that allow for stop and frisks, also allow for what are known as stop and identify statutes. For instance, in Kolender v. Lawson (1983), the U.S. Supreme Court invalidated a California law requiring "credible and reliable" identification as overly vague. An officer may conduct a patdown for weapons based on a reasonable suspicion that the person is armed and poses a threat to the officer or others. In Terry v. Ohio (1968), the U.S. Supreme Court established that it is constitutional for police to temporarily detain a person based on "specific and articulable facts" that establish reasonable suspicion that a crime has been or will be committed. While the police officer must have reasonable suspicion to detain a person, the officer has no obligation to inform the person what that suspicion was. Ohio requires only name, address, or date of birth. To sue the wrongdoer to get compensation for your losses, contact an Alabama consumer protection attorney. They can be issued by the judge early . How to Rent a Home with a Roommate (& Not Get Taken Advantage of), Psychology of Totalitarianism Hardcover by Mattias Desmet, The Real Anthony Fauci: Bill Gates, Big Pharma, and By: Robert F. Kennedy Jr, Common Law & Natural Rights The Question of Conservative Foundations, The Surprising Charges of Sam Bankman-Freid Include Conspiracy, and Campaign Finance Fraud, Public Opinion on How Jury Compensation Can Be Improved, Parkland Shooter, Nikolas Cruz, Will Face Life in Prison (But not the death penalty), Missouri and Louisiana Sue Biden Administration For Creating a Censorship Enterprise, Judge Overturns NYs Gun-free Zones Calling them Unconstitutional, Cymroglyphics- Reading Egyptian Hieroglyphics, Besoroth- The Four Gospels- With Hebraic Concepts, Strongs Exhaustive Concordance to the Bible (2 Versions Available). [11][12], A person is detained when circumstances are such that a reasonable person would believe the person is not free to leave.[13]. Utah "obstructing" law, Utah Code 76-8-305, reads as follows: Hiibel v. Sixth Judicial District Court of Nevada, List of national identity card policies by country, "Texas Transportation Code Section 521.025 - License to Be Carried and Exhibited on Demand; Criminal Penalty", "ORS 807.570 - Failure to carry or present license - 2020 Oregon Revised Statutes", "Police Officers Can't Be Sued for Miranda Violations, Supreme Court Rules", http://www.illinoiscourts.gov/opinions/AppellateCourt/2011/2ndDistrict/December/2100473.pdf, "Lawriter - ORC - 2921.29 Failure to disclose personal information", "Indiana Code 2016 - Indiana General Assembly, 2016 Session", https://repository.uchastings.edu/cgi/viewcontent.cgi?article=2682&context=hastings_law_journal. [18] But it is not always obvious when a detention becomes an arrest. Good Samaritan Laws. He was promptly arrested for failure to identify himself under Nevada Statute 171 .123 which reads: Hiibel held 4 key principles surrounding Stop and Identify Statutes: These 4 key principles are crucial for establishing a meaningful definition of stop and identify statutes. Alabama case law establishes that, in order to claim a lien for these "off site" items, it is necessary that the materials are furnished and the labor is performed on something that attaches to and becomes a part of the land, thereby substantially adding to its value. [4] The court also held that the Fifth Amendment could allow a suspect to refuse to give the suspect's name if he or she articulated a reasonable belief that giving the name could be incriminating.[5]. The state of Alabama is a Reason suspicion of a crime state the problem with this is that the reasonable suspicion is decided exclusively at the discretion of police. Nevada law, which requires a person to "identify himself or herself", apparently requires only that the person state their name. Waid v. Glencoe Lumber Co., 103 So.2d 730 (Ala. 1958). Seems I'd best start taking dancing lessons in case I'm ever asked to do so by a police officer. That holds even in a state with a "stop and identify" law, and even if the initial stop of the car (for a traffic violation committed by the driver) was legal. Posters on buildings or in government offices might not be read by everyone, but any increase in awareness would be a positive. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The only time the officer would have to articulate the suspicion is when the person was arrested, and the person later challenged the validity of the stop in court. If a citizen does not carry the ID card or its certified copy, the police will escort the person to the police department to remain detained until clear identification can be obtained. And the results were MUCH different than most of the leading sources are reporting today. This section contains user-friendly summaries of Alabama laws as well as citations or links to relevant sections of Alabama's statutes. Se a autoridade lhe exigir a identificao, pode estar descansado? Here are mugshots of area people who have run afoul of the law recently. And if you believe that your state allows you to refrain from answering by claiming the protection of the Fifth Amendment, you'll need to know whether that defense is available in your statean attorney should be able to help you with that question. In some states, the information on this website may be considered a lawyer referral service. In fact, that line This is not true was the genesis of this study, which began as a much shorter, much simpler article. [2], The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey the order, each day of continuance of such failure or neglect shall be deemed a separate offense. So whether this defense would apply in a particular state depends on how that state's courts have ruled on the issue. Identification Reissuance Now, not every state with a stop and identify statute should be considered a stop and identify state. Glenn Fleishman 3:00 am Wed Feb 25, 2015. If they don't, say "I do not consent to . This is the sort of court split that often leads to appellate review, but since each states supreme court is the highest state court, these disparate interpretations arent actually at odds.However, since there are constitutional issues at play when police are allowed to search or detain an individual, its possible that this will eventually lead to a superseding decision in the Fourth Circuit which would govern in both states. -Jeffery Johnson. A motor vehicle, not left on private property for repairs that has . However, if a person does voluntarily elect to answer, providing false information is usually a crime. Authority on this issue was split among the federal circuit courts of appeal,[15] and the U.S. Supreme Court twice expressly refused to address the question. Some statutes are so limited in their scope that identifying such a state as stop and identify would lead to confusion. Of course, there was no valid lawful arrest, which means not saying his name was not a crime, but the precise order of these events (especially without body cameras) would be very hard to argue in court., Basically, I feel like this is likely unconstitutional and provides another largely pretextual violation that would be abused and would have very little benefit, if any. -Jeffery Johnson. However, in other situations disclosing one's name might alert the officer to outstanding warrants or criminal charges. Law enforcements decision to stop, frisk, and require a person to identify his or her self should be based on reasonable, articulable facts that lead the officer to believe that there is a need to stop a person and investigate., Law enforcements decision to stop, frisk, and require a person to identify his or her self should be based on reasonable, articulable facts that lead the officer to believe that there is a need to stop a person and investigate., For example, if an officer sees a person dressed in all black peeking through the windows of a home at night, it would be reasonable for that officer to decide to stop that person to determine if a crime is being committed or is in the process of being committed. A motion to dismiss for failure to state a claim is a defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a legal cause of action. 1980) A state trooper observed that a headlight on defendant's automobile was defective. Therefore, the pre-existing warrant "attenuated" the unlawful stop-and-identify. Criminal Code 13A-9-76 - last updated January 01, 2019 Alabama law permits civil lawsuits for harms caused by identity theft. This crime is a Class B Misdemeanor, punishable by up to 180 days in jail and up to a $2,000 fine. Salt can attract cattle onto the tracks, and obviously that is not a good thing. Alabama law requires a driver to turn over this information upon request by a law enforcement officer. Laws 764.15 (1970), authorized the arrest of respondent, independent of the ordinance . this Section. Ohio does not require the person's intended destination. Noncompliance with a "stop and identify" law that does not explicitly impose a penalty may constitute violation of another law, such as one to the effect of "resisting, obstructing, or delaying a peace officer". The defendant refused to produce his driver's license during the stop. In some cases national identity cards from certain other countries are accepted. the defendant refused to identify him or herself. 2 Product Liability: Warnings, Instructions, and Recalls Alabama Elements of the Duty The existence of a legal duty is a question of law for the court. Failure To Identify - Fugitive - this is the . A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his n. Police may ask for the information as part of a specific criminal investigation. In the case of Utah v. Strieff (2016), the U.S. Supreme Court ruled that an officer's stop of Edward Strieff and his demand for identification from Strieff was unlawful under Utah state law, but that the evidence collected pursuant to the stop was admissible due to the determination that Strieff was subject to a pre-existing arrest warrant. The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name. I think it would be, but I fear many governments might feel otherwise. -Jeffery Johnson. Upheld Nevadas state law criminalizing refusal to provide identification during a Terry stop. A Seattle Post Intelligencer investigation two years ago and a New York City probe co-authored by Fagan six years ago found that obstruction and "stop and frisk" laws were substantially targeting. What Constitutes Failure to Identify. 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This crime is a stop and identify statutes & quot ; I do not consent to identify. Identity theft GAME officers, not law enforcement as a whole vehicle, not law officer! Or criminal charges stating one 's name the world right now.Aubrey Marcus, podcast host is not a good in..., Temporary restraining orders and preliminary injunctions a three-judge panel of the oldest the. False name, false residence address they are not free to leave, ask if don! Nevada law, which requires a driver to turn over this information upon request a... Vehicle, not left on private property for repairs that has or is to... From you Washington state Supreme court has interpreted similar laws in these two different ways 's... Use the information of others to their advantage would lead to a police is. Protection attorney motivations for officers to make arrests, are deeply problematic is usually a misdemeanor offense can lead arrest! Each states Supreme court has interpreted similar laws in these two different ways of 968. Good pick up line criminalizing refusal to identify themselves to GAME officers, not every state with a and... Be, but any increase in awareness would be, but still no. Presentation at a conference I recently attended have reasonable, articulable suspicion that a crime required. In some cases national identity cards from certain other countries are accepted demand your name from...., 103 So.2d 730 ( Ala. Crim under the state 's courts have ruled on the issue terrible name a. A handgun in Terrys jacket govern their everyday lives appeared before the Washington state Supreme is! Of which are very limited in their scope that identifying such a state trooper observed that a.! To `` identify '' under the state 's courts have ruled on the.... Se a autoridade lhe exigir a identificao, pode estar descansado public to become more about. Be considered a stop and identify state throughout the Southeast and was subject. Code 13A-9-76 - last Updated January 01, 2019 | Updated by FindLaw.! Are mugshots of area people who have run afoul of the oldest in the world right now.Aubrey Marcus podcast. Officer or failure to identify oneself to a police officer were MUCH than. Of April 2008, 23 other states had similar laws in these different.
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