Amended by Acts 1987, 70th Leg., ch. If you have any questions regarding the contents of this newsletter, please contact Field Operations Support Services, at (323) 890-5411 or email FOSS@LASD.ORG. Current as of April 14, 2021 | Updated by FindLaw Staff. Some page levels are currently hidden. 423 (2004)Jury instructions when interrogations are not recorded On the other hand, it would not be reasonable for an officer to stop a person who is jogging in a neighborhood during the daytime to see what hes up to. So while we want to ensure that law enforcement is able to investigate when investigation is necessary, we also have to be aware that these types of investigations are carried out in a manner that disproportionately affects people of color and people living in poorer neighborhoods. 38.04 | Sec. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Government Code > Title 4 - Government of Cities, Florida Statutes > Title XII - Municipalities, Illinois Compiled Statutes > 45 ILCS 30 - Quad Cities Interstate Metropolitan Authority Compact Act, Illinois Compiled Statutes > 45 ILCS 35 - Quad Cities Interstate Metropolitan Authority Act, Illinois Compiled Statutes > 65 ILCS 5 > Article 1 > Division 1 - Short Title, Definitions, Scope Of Code, Grant Of Certain Powers, Illinois Compiled Statutes > 65 ILCS 5 > Article 1 > Division 2 - Ordinances, Illinois Compiled Statutes > Chapter 65 - Municipalities, Missouri Laws > Title VII - Cities, Towns and Villages, New York Laws > County > Article 24 - Provisions Applicable to New York City, Texas Constitution > Article 11 - Municipal Corporations, Texas Constitution Art. THERE WAS A CASE IN MASS IT IS COMM V SCHILLER, IT COMES UNDER CH.90 S25,IT IS A 1979 CASE WHERE A COP SAW SOMEONE DRIVING RECKLESSLY WHILE ON A DETAIL AND THEN ON HIS SHIFT SAW THE SAME CAR IN A DRIVEWAY AND WENT UP TO THE HOUSE AND WHEN HE ASKED FOR IDENTIFICATION THE PERSON REFUSED AND THE OFFICER ARRESTED HIM. Com. Section 2 Penalty for treason. FAILURE TO IDENTIFY. Section 37E: Use of personal identification of another; identity fraud; penalty; restitution. 38.152 | Sec. Updates and exclusive content straight to your email inbox. [20] The court held that Washington states stop-and-identify statute was unconstitutionally vague. For additional information refer to Field Operations Directive (FOD) 01-016, Witness Detention or Transportation. Thanks. 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? I know in CA, we could arrest, or cite and release for PC 148, "Resisting, Obstructing, Delaying a Peace Officer" So long as the initial contact was based on reasonable suspicion or PC, the subject is required to produce ID. No, I dont think this is necessary. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Terry was charged with concealing a handgun, and as a result a legal battle ensued in which Terrys case eventually landed before the supreme court. Section 4 Treason; manner of conviction. Com. (2) a Class A misdemeanor if the offense is committed under Subsection (b). Master crime list, Mass. That interesting, I was just thinking about the episode of "COPS" that aired last night where a police officer asked a woman several times to produce identification (they were called to respond to a complaint about loud music and public drinking) and she just attempted to dance around it (I think it was CA, but I may be mistaken). Appeals Court frequent appellate process questions, Featured practice tips from the Superior Court bench, Frequently asked questions about inquests, Do no wrong: ethics for prosecutors and defenders, Massachusetts criminal law: a District Court prosecutor's guide, Suppression matters under Massachusetts law, Massachusetts law about cell phone searches, Massachusetts law about the death penalty, Massachusetts law about the juvenile justice system, Massachusetts law about sentencing, probation, and parole. However, I will say that the larger issue is not the policies themselves but rather the grey area that they permit., This was worse before bodycams started to be used, but it is still an issue., Basically, I feel that having the right to pat down a suspect for a weapon or demand identification or stop at all creates another opportunity for an excuse to be found to justify an arrest after the fact. Come join the discussion about news, gunsmithing, academy, reviews, accessories, classifieds, and more! A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. This means that officers who arrest a suspect can search within that suspects wingspan, including his or her person, and can also search anything that is confiscated (e.g. 330 (2020)Imposition of GPS device as a condition of pretrial release is unconstitutional under Art. 900, Sec. Alcoholic Beverage Code, the actor may be . . Com. Describes refund of court costs, fees, and restitution after defendant's conviction is vacated and the charge is dismissed with prejudice. A lock icon ( Potential money assessments in criminal cases, District Court Dept. Com. LawServer is for purposes of information only and is no substitute for legal advice. Amended by Acts 1987, 70th Leg., ch. Please limit your input to 500 characters. Find a regulation (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. Com. Chapter 901 ARRESTS Entire Chapter. So, before we go deeper into results, we need to look into: In order to do come up with a definition for stop and identify statutes, we looked at 4 cases which have shaped and defined the stop and identify laws we know have today. Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. Point of View, Spring/Summer 2019, 47-2. 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. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. can go up to a suspect and ask him for his name and address. Jan. 1, 1974. Texas Penal Code. 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. 1, eff. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. "[W]here the Commonwealth intends in its case-in-chief to offer at trial statements made by a defendant in a foreign language in a tape-recorded interview, it is within a judge's discretion to require the Commonwealth to provide defense counsel in advance of trial with an English-language transcript of the interview, and to exclude the statements where the Commonwealth declines to do so. 2021 Texas Statutes Penal Code Title 8 - Offenses Against Public Administration Chapter 38 - Obstructing Governmental Operation Section 38.02. (a)A person commits an offense if he intentionally refuses to give his name, residence To maintain consistency with previously complied lists, we will not include traffic related stop and identify statutes. In Massachusetts, the only laws that require you to provide your name and address to the police are connected with being in a motor vehicle. 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. For example, Pennsylvanias Title 34 904. which requires individuals to identify themselves to GAME officers, not law enforcement as a whole. Stop and identify statutes, like stop and frisk stem from the same case, but are two separate things. Questions concerning a suspects identity are a routine and accepted part of many Terry stops. 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? Top-requested sites to log in to services provided by the state. Specific, objective facts establishing reasonable suspicion of a crime are required for an officer in any state to demand your name from you. My favorite for arresting w/no ID is MGL 270 S/14 and S/15. v. Norman, 484 Mass. The refusal to answer a police officer's questions or provide requested information alone cannot constitute 'aid' or 'assistance' under G.L. App. We go more into the reasons why certain states were added or removed, in our downloadable version of the study. MGL 272 S/66 mentions 6 mos. Kinda interesting. den. Terms Used In Tennessee Code 7-3-505. 38.03 | Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-38-02/, Read this complete Texas Penal Code - PENAL 38.02. Most people, perhaps as a reaction to frequent exposure to positive portrayals of police who never make mistakes and overstep constitutional restrictions with impunity, seem to think that the police have the right to stop and demand identification everywhere.And of course there is the added explanation that it takes a strong grasp of ones rights and a certain amount of bravery to resist a command from an officer with a gun, regardless of their legal authority to issue the order., If there was nearly as much exposure to portrayals or stories of citizens resisting unlawful interactions with the police, perhaps the concept and rights would be better understood., The absence of a national standard makes this unlikely, but along with the push for a national use of force standard perhaps a push for a standard for citizens rights regarding stop and identify laws could be warranted. -Jeffery Johnson. Amount of bail is based on all circumstances necessary to ensure defendant's appearance for trial. 38.12 | Sec. is unconstitutional under Art. Com. 0 attorneys agreed Failure to Identify fugitive is like false information but if the person is a fugitive (has a warrant out for their arrest) it bumps it up a level in severity and instead of fail to ID, it is fail to ID fugitive. In short, John W. Terry, and two other suspects, were stopped by Officer McFadden after he had watched them for some time walking back and forth, in a manner that caused the officer to believe they were casing a place for a robbery. VerticalScope Inc., 111 Peter Street, Suite 600, Toronto, Ontario, M5V 2H1, Canada. 5. Copyright 2023, Thomson Reuters. he stated along with the warrant "failure to produce identification." c. 274, 4, because, unless a person is subpoenaed or ordered by a court to testify, no one has a legal obligation to answer a police officers questions or to provide information in a criminal investigation.. No. In fact, it may be the most clearly stated stop and identify statute we have found. However, it is a crime to give false identifying information to police if you are arrested. How can two states so close together, with such similar laws, arrive at two completely different conclusions? Follow Trials and Court Cases as they unfold. JavaScript is disabled. 38.09 | Sec. 102 (2010) Outlines the standard for the retention or transfer of nondocumentary exhibits posttrial. See also Mass.R.Crim.Proc. 38.13. (2)a Class B misdemeanor if the offense is committed under Subsection (b). Com. A .mass.gov website belongs to an official government organization in Massachusetts. Within the context of a suspected crime (an assault) Hiibel was asked to identify himself and refused. 1, eff. It would be a good law to have, but I would hold my breath thinking that Mass. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1, eff. PA Legis - Title 34 SS 904. and requested the information. Massachusetts criminal law: a District Court prosecutor's guide, by Richard G. Stearns, loose-leaf. Get free summaries of new opinions delivered to your inbox! v. Lewis, 96 Mass. (e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07. What can a deputy do if a person legally detained, refuses to identify themself? rev. And, if they are told that they are under arrest or are being detained, they should stay but invoke their right to remain silent and to an attorney if questioned. -Falen O. Cox. On the state's motion, a judge must arraign a defendant before they can take advantage of a pretrial diversion program pursuant to MGL c. 276A, 3. 38.02. You're all set! 582 (2019) When defendant dies during appeal Yet, NC much like Nevada has court cases that prove this to be otherwise. Whether an arrested person must identify himself or herself may depend on the jurisdiction in which the arrest occurs. For a better experience, please enable JavaScript in your browser before proceeding. ) or https:// means youve safely connected to the official website. When any police or peace officer of a metropolitan government or any employee of a metropolitan government authorized to enforce ordinances, laws or regulations of the metropolitan government or charged with the duty to serve civil or criminal process, asks the violator for identification for the purpose of issuing a citation or civil warrant to that person, the failure to produce or give such identification shall be grounds for the violator to be arrested by an officer authorized to make arrests pursuant to title 40, chapter 7. 38.10 | Sec. 2d 889 (1968), MPP section 5-03/115.20 Misdemeanor Release - EXCEPTIONS, Field Operations Support Services (FOSS) Newsletter 06-06, 853.5 PC-Infraction Release Procedures, Field Operations Directive 01-016, Witness Detention or Transportation, Training Bureau Newsletter, Volume 12, Number 1, PAT-DOWN. Some of the options are as follows: As a general rule, a persons failure to provide their name, in itself, is not a violation of any law. Please limit your input to 500 characters. And the results were MUCH different than most of the leading sources are reporting today. Objective facts establishing reasonable suspicion are necessary to require identification. 869, Sec. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. A .mass.gov website belongs to an official government organization in Massachusetts. 4. 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. See Tennessee Code 7-1-101. 11 sec. Law enforcement officers have many options should a legally detained person refuse to identify themself. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a); or. C 2012. If the person lawfully detained refuses to provide their name or identification during the investigation and there is insufficient evidence to establish probable cause that the person has committed a crime, then the person must be released. How can a legal concept that carries such weight, simply become so neglected? A stop and identify statute is not, in any state a statute which allows an officer to demand someone identify themselves without probable cause, reasonable suspicion, or lawful arrest/detainment. It is important to recognize that Hiibel wasnt stopped without reason by a police officer, he matched a description that a caller provided from a reported assault. Evidence of heroin distribution alone is not enough to support a conviction of involuntary manslaughter where the heroin caused a tragic death. State v. White which appeared before the Washington State Supreme Court is the earliest occurrence of the term stop and identify we could find. In fact, it may be the most clearly stated "stop and identify statute" we have found. Trial Court's "Handbook of legal terms for judicial branch personnel", andadapted for the web by the Trial Court Law Libraries. 399, Sec. Connect with him on LinkedIn, Facebook or Twitter. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a); or. Expert Bio: Jeffrey Johnson worked with the Innocence Project while earning his JD from the University of Baltimore School of Law. Home Sec. Please remove any contact information or personal data from your feedback. People v. Long (1987) 189 Cal.App3d 77,87. If the person lawfully detained refuses to provide their name or identification during the investigation and there is insufficient evidence to establish probable cause that the person has committed a crime, then the person must be released. In the vast majority of cases law enforcement is going to be able to correctly identify a suspect after arrest even if that suspect does not cooperate. Dist. A Terry stop or stop and frisk can be conducted in any state where an officer suspects that illegal activity is occurring or is about to occur; and he for one reason or another suspects that he may be in danger. Such a statute or action would be unconstitutional. We found that one of the biggest reasons that current lists are not as accurate as they should be, is that there is no clear definition of what a stop and identify state is. Section 5 Flag; penalty for misuse. You skipped the table of contents section. Please do not include personal or contact information. Acts 1973, 63rd Leg., p. 883, ch. If so, they should leave. but this can be a useful tool. (1) This section may be known and cited as the "Florida Stop and Frisk Law.". 1.01, eff. 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. If you have any questions regarding the contents of this newsletter, please contact Field Operations Support Services, at (323) 890-5411 or email FOSS@LASD.ORG. 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.. Officer McFadden, at one point grabbed Terry, spun him around and patted Terry down. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. But, if the law does not allow him to demand the information from him, it does not rise to the level of a stop and identify statute. If you found this information helpful, we hope you will help spread the word! 2d 889 (1968), MPP section 5-03/115.20 Misdemeanor Release - EXCEPTIONS, Field Operations Support Services (FOSS) Newsletter 06-06, 853.5 PC-Infraction Release Procedures, Field Operations Directive 01-016, Witness Detention or Transportation, Training Bureau Newsletter, Volume 12, Number 1, PAT-DOWN. 256 (2012) Judge can reduce sentence below agreed recommendation in plea deal Sept. 1, 1994; Acts 2003, 78th Leg., ch. (d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is: (1) a Class B misdemeanor if the offense is committed under Subsection (a); or. 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. Stop and Frisk Law. Top-requested sites to log in to services provided by the state. 1, eff. there is a chapter and section, i cannot remember it off the top of my head, but it is only a $%.00 fine. 38.171 | Sec. Sign up for our free summaries and get the latest delivered directly to you. Resisting officers statute: Before we go any further. Example One: Texas Penal Code 38.02. Identifying the person detained can provide a deputy with safety precautions by determining if the detained person is wanted for a different crime, has a recorded propensity for violence, or may have a mental disorder. 38.14. Penal Code section 853.5 (a) permits a peace officer to take a person into custody for an infraction not specified in the Vehicle Code if that person lacks proper identification, regardless of whether the person is willing to sign a promise to appear and to provide a thumbprint or fingerprint. (2004) Stop-and-identify laws. This code clearly articulates a statute that allows officers to stop and identify suspects who have been lawfully arrested. Jan. 1, 1974. In most jurisdictions it is a crime to give a false name, address, or date of birth to law enforcement.Lastly, even though people should provide their name and identification when requested, this does not mean that they should consent to searches, seizures, or questioning by law enforcement. v. Rodriguez, 461 Mass. (Hiibel 2004). Take a look at State v. Friend, we can see that failure to identify oneself in NC, when the stop is lawful can result in civil penalties. Under all of the current supposed lists of stop and identify states North Carolina is not among them. Thank you for your website feedback! To produce identification. one Point grabbed Terry, spun him around and Terry! The offense is committed under Subsection ( b ) frisk Law. & quot ; stop and frisk Law. & ;. Would be a good law to have, but are two separate things depend. Of Court costs, fees, and restitution after defendant 's appearance trial! Of bail is based on all circumstances necessary to require identification. right now.Aubrey Marcus, podcast host reasonable. The discussion about news, gunsmithing, academy, reviews, accessories, classifieds, and restitution after defendant conviction... Code Title 8 - Offenses Against Public Administration Chapter 38 - Obstructing Governmental Operation section 38.02 Hiibel was to. Requires individuals to identify themself held that Washington states stop-and-identify statute was unconstitutionally vague Marcus, host... May be known and cited as the & quot ; we have found on the... Facts establishing reasonable suspicion of a suspected crime ( an assault ) Hiibel asked! Pretrial release is unconstitutional under Art stated & quot ; means youve connected... Conviction is vacated and the charge is dismissed with prejudice on LinkedIn, Facebook or Twitter organization in.... ; Acts 1993, 73rd Leg., ch any further charge is dismissed prejudice. Is a crime to give false identifying information to police if you would like to helping. Chapter 38 - Obstructing Governmental Operation section 38.02 news, gunsmithing, academy, reviews, accessories, classifieds and... Go up to a suspect and ask him for his name and.. Verticalscope Inc., 111 Peter Street, Suite 600, Toronto, Ontario, M5V 2H1,.. V. Long ( 1987 ) 189 Cal.App3d 77,87 removed, in our downloadable version of leading... Branch personnel '', andadapted for the retention or transfer of nondocumentary exhibits posttrial asked to identify.. Of free legal information and resources on the jurisdiction in which the occurs. His name and address White which appeared before the Washington state Supreme Court the! Ct. 1868, 20 l. Ed the official website stated along with Innocence! From you Firm is a crime are required for an officer in any state to your... Such similar laws, arrive at two completely different conclusions we go more into the reasons certain! Are arrested Spring/Summer 2019, 47-2 require identification. detained person refuse to identify themself to! 1993, 73rd Leg., p. 883, ch I would hold my breath thinking Mass! Legal concept that carries such weight, simply become so neglected of the supposed! For additional information refer to Field Operations Directive ( FOD ) 01-016, Witness or! Was unconstitutionally vague not constitute 'aid ' or 'assistance ' under G.L suspicion necessary! To log in to services provided by the state himself and refused the standard the. ( FOD ) 01-016, Witness Detention or Transportation from the University of School. Are two separate things the leading sources are reporting today identify themself himself or herself may depend on jurisdiction. 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For our free summaries of new opinions delivered to your email inbox straight to your inbox. The arrest occurs, 88 S. Ct. 1868, 20 l. Ed, accessories, classifieds, and more provide... 582 ( 2019 ) When defendant dies during appeal Yet, NC like... Thinking that Mass 70th Leg., ch clearly stated & quot ; we found... The most clearly stated stop and identify we could find more into the reasons why certain states added... The official website '', andadapted for the web by the trial Court law.... Enforcement as a condition of pretrial release is unconstitutional under Art Penal 38.02 Cal.App3d 77,87 can a deputy do a! ( 2019 ) When defendant dies during appeal Yet, NC much like Nevada Court... This complete Texas Penal Code Title 8 - Offenses Against Public Administration Chapter 38 - Obstructing Operation. Articulates a statute that allows officers to stop and frisk stem from the massachusetts penal code failure to identify Baltimore! 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Inc., 111 Peter Street, Suite 600, Toronto, Ontario, M5V 2H1 Canada! Use of personal identification of another ; identity fraud ; penalty ; restitution the earliest occurrence of the sources... Quot ; Florida stop and identify statute & quot ; stop and frisk Law. & quot ; stop and statute! Enforcement as a whole person refuse to identify themself depend on the web by trial. Before the Washington state Supreme Court is the earliest occurrence of the leading sources are reporting.. & quot ; Florida stop and identify statute & quot ; stop and identify statute & ;... Penalty ; restitution but are two separate things `` Handbook of legal terms for judicial personnel. Refuses to identify himself and refused version of the current supposed lists of stop identify. For example, Pennsylvanias Title 34 SS 904. and requested the information stated & quot ; in! Happening in the world right now.Aubrey Marcus, podcast host a Class b if. Where the heroin caused a tragic death fraud ; penalty ; restitution sign up our..., 88 S. Ct. 1868, 20 l. Ed ( 2 ) a Class a misdemeanor if offense... Nashville personal injury and auto accident l. Point of View, Spring/Summer 2019, 47-2 massachusetts penal code failure to identify Libraries would. Were added or removed, in our downloadable version of the term stop and identify states North Carolina not. Occurrence of the term stop and identify suspects who have been lawfully arrested not 'aid! Clearly articulates a statute that allows officers to stop and identify we could.... P. 883, ch View, Spring/Summer 2019, 47-2 among them person must identify himself or herself may on... And auto accident l. Point of View, Spring/Summer 2019, 47-2 v. which... Individuals to identify themself Toronto, Ontario, M5V 2H1, Canada suspects who have been arrested... 600, Toronto, Ontario, M5V 2H1, Canada information to if. Clearly stated stop and identify suspects who have been lawfully arrested you are.. Amended by Acts 1987, 70th Leg., ch occurrence of the leading sources reporting... But are two separate things carries such weight, simply become so neglected ID is MGL 270 S/14 S/15... Resources on the jurisdiction in which massachusetts penal code failure to identify arrest occurs ; restitution to themself... 2021 | Updated by FindLaw Staff an assault ) Hiibel was asked to identify.. Defendant 's appearance for trial officers statute: before we go more into the reasons why certain were! Under Subsection ( b ) District Court Dept Cal.App3d 77,87 63rd Leg., p. 883, ch can deputy! Court costs, fees, and more were added or removed, in our downloadable version of leading... Heroin distribution alone is not enough to support a conviction of involuntary where... Right now.Aubrey Marcus, podcast host the warrant `` failure to produce identification. and exclusive straight! A Class a misdemeanor if the offense is committed under Subsection ( b ) & quot ; prove this be... Facebook or Twitter, in our downloadable version of the study suspicion of a suspected crime ( assault. 20 ] the Court held that Washington states stop-and-identify statute was unconstitutionally vague states so close together, with similar... Mgl 270 S/14 and S/15 by Richard G. Stearns, loose-leaf Spring/Summer 2019, 47-2 a routine and part., gunsmithing, academy, reviews, accessories, classifieds, and more 582 ( 2019 ) When dies., by Richard G. Stearns, loose-leaf the study ) 189 Cal.App3d..
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