Pug
UR father's brother's nephew's former roommate
+652|6695|Texas - Bigger than France
It is legal to pull someone over at a checkpoint.

It is also legal to pull ANYONE over at any time and ask for ID.

It is not legal to search without cause.

Don't show your ID = probable cause.
OpsChief
Member
+101|6829|Southern California
This thread began as a discussion about a single event which has not, as far as I know, been resolved by a court but looks pretty terrible to me.

Somehow it spread to an "all cops abuse all the time" thread. Then the naaah nuh nah naaah naaaah replies derailed it.

Statistics show there is no basis to support the 100% abuse opinion unless more than 900% of people being arrested or detained failed to report abuse or inappropriate detention/search activity. Abuse is bad everyone agrees. Crime is bad everyone agrees (except maybe criminal mentalities).

Certain levels of suspicious behavior or circumstances is probable cause. What ultimately determines valid suspicion (case by case) is for the legal process to work out.
Chorcai
Member
+49|6801|Ireland
Meh, I mean ffs show your ID, cop goes Ok Mam have a good day. But no she has to make a song and dance about it. She would be gone to shop and back if she just told him he fecking name.
Dec45
Member
+12|6794

Pug wrote:

It is legal to pull someone over at a checkpoint.

It is also legal to pull ANYONE over at any time and ask for ID.

It is not legal to search without cause.

Don't show your ID = probable cause.
No sir, you can't pull ANYONE over at any time and ask for ID. I've had cops tell me this personally, that they cannot pull people over without probable cause, unless it's a designated checkpoint area. The only time a cop can randomly pull ANYONE over, is at the checkpoints you admire.
Pug
UR father's brother's nephew's former roommate
+652|6695|Texas - Bigger than France
Prove it to me.  Logically, what's different from a checkpoint and pulling someone over.  Did you ask "do you pull someone over for no reason" or did you ask "is it ILLEGAL to pull someone over for no reason"?  But it doesn't matter for two reasons:

1st - it was a checkpoint...so even if you don't see the difference from pulling someone over vs a checkpoint...guess what?

2nd - why couldn't she show ID?  Did she not have it?  By not showing it, she's going to get at minimum a ticket...but the cops have the authority at that point to arrest her for breaking the law.

If you want to Damn the Man...go ahead.  But choose a clip that's a little more Rodney King to support your argument.  In other words, have a video where it's a normal joe who complies with everything and gets his ass handed to him....don't pick a video where the "protagonist" actually is BREAKING THE LAW.

Driving without an ID or refusing to show it is BREAKING THE LAW!!!!!!!!!!!!!!

The other stuff about trumping up the "resisting arrest" part...well, I'm not going to argue with that...but you know what?  This is really frickin' stupid.  I'm glad the lady goes to jail and boo hoo she had to pay for a lawyer.  Two minutes with her ID and she's back at the double-wide...she asked for what she got.

Do you know how many people get accidentally shot by cops because they are scared when pulling people over?  How about the cops?  Is it too hard to actually show an ID for two minutes?  If you're going to whine about invasion of privacy, fine...then DON'T DRIVE.  You have to get an ID card...so you are being monitored.  It's the price you pay to have the privelege to drive in this country.

Last edited by Pug (2006-11-23 18:34:07)

Pug
UR father's brother's nephew's former roommate
+652|6695|Texas - Bigger than France
Ok, this will help:

"If the officer can't form a convincing explanation for why you were pulled over, the seizure becomes illegal, and any evidence found during the traffic stop can't be used in court."  However, this doesn't mean they CAN'T pull you over...it means they can if they feel like it.  And if they can't tell you why they detained you...well you walk.  However, in every case you must produce an ID.
http://www.flexyourrights.org/pretext_traffic_stops

These people were all pulled over and given tickets.  Illegal?
http://www.wftv.com/automotive/7847681/detail.html

Washington State Troopers - what to do when you are pulled over.  Not followed in the video.
http://www.wsp.wa.gov/about/pullover.htm

Here's a good one where lawyers are debating.  The point I'm trying to make follows the link.  It's interesting as well, because it says charges won't hold up unless the reason why they pulled the guy over is the same as what they found...well, then no charges...

http://www.daviswiki.org/Police_Misconduct_Stories
Based on what cops tell me you don't have the right to refuse a police order. You basically do what the police officer tells you to do even if it is evasive. That said, it is most probable that the crime you may or may not have committed would be thrown out, the officer would be disciplined for his or her actions, and you would be free to sue a whole lot of people. I would cite Hiibel v. Sixth Judicial District Court of Nevada to back the comments I have had received from police officers. I wouldn't recommend refusing to give your name to the police in order to take a tour through the legal system. Steven Ostrowski
Dec45
Member
+12|6794

Pug wrote:

Ok, this will help:

"If the officer can't form a convincing explanation for why you were pulled over, the seizure becomes illegal, and any evidence found during the traffic stop can't be used in court."  However, this doesn't mean they CAN'T pull you over...it means they can if they feel like it.  And if they can't tell you why they detained you...well you walk.  However, in every case you must produce an ID.
http://www.flexyourrights.org/pretext_traffic_stops

These people were all pulled over and given tickets.  Illegal?
http://www.wftv.com/automotive/7847681/detail.html

Washington State Troopers - what to do when you are pulled over.  Not followed in the video.
http://www.wsp.wa.gov/about/pullover.htm

Here's a good one where lawyers are debating.  The point I'm trying to make follows the link.  It's interesting as well, because it says charges won't hold up unless the reason why they pulled the guy over is the same as what they found...well, then no charges...

http://www.daviswiki.org/Police_Misconduct_Stories
Based on what cops tell me you don't have the right to refuse a police order. You basically do what the police officer tells you to do even if it is evasive. That said, it is most probable that the crime you may or may not have committed would be thrown out, the officer would be disciplined for his or her actions, and you would be free to sue a whole lot of people. I would cite Hiibel v. Sixth Judicial District Court of Nevada to back the comments I have had received from police officers. I wouldn't recommend refusing to give your name to the police in order to take a tour through the legal system. Steven Ostrowski
#1. There is a difference between a checkpoint, and pulling someone over. That's why checkpoints exist. If they were the same thing, there'd be no reason for a regulated, approved area for checkpoints.

#2. Cops are not going to get any discipline for anything they do. Funny you mention Rodney King... How much time did those cops do? Oh, that's right...

Your logic seems to be suggesting that you're okay with cops pulling people over, because you're confident and at ease with the notion that if you haven't done anything wrong, the cops will let you walk. That's totally beside the point. You're excusing a cop harassing someone for no reason, just because you know that person won't get in trouble if they haven't done anything wrong. No shit! The point is not that the person will get in trouble, the point is people like you are fine with cops having the ability to arbitrarily pull anyone over, at anytime, without probable cause or reason. That's not American, in my book.
UON
Junglist Massive
+223|6806

Dec45 wrote:

Pug wrote:

Ok, this will help:

"If the officer can't form a convincing explanation for why you were pulled over, the seizure becomes illegal, and any evidence found during the traffic stop can't be used in court."  However, this doesn't mean they CAN'T pull you over...it means they can if they feel like it.  And if they can't tell you why they detained you...well you walk.  However, in every case you must produce an ID.
http://www.flexyourrights.org/pretext_traffic_stops

These people were all pulled over and given tickets.  Illegal?
http://www.wftv.com/automotive/7847681/detail.html

Washington State Troopers - what to do when you are pulled over.  Not followed in the video.
http://www.wsp.wa.gov/about/pullover.htm

Here's a good one where lawyers are debating.  The point I'm trying to make follows the link.  It's interesting as well, because it says charges won't hold up unless the reason why they pulled the guy over is the same as what they found...well, then no charges...

http://www.daviswiki.org/Police_Misconduct_Stories
Based on what cops tell me you don't have the right to refuse a police order. You basically do what the police officer tells you to do even if it is evasive. That said, it is most probable that the crime you may or may not have committed would be thrown out, the officer would be disciplined for his or her actions, and you would be free to sue a whole lot of people. I would cite Hiibel v. Sixth Judicial District Court of Nevada to back the comments I have had received from police officers. I wouldn't recommend refusing to give your name to the police in order to take a tour through the legal system. Steven Ostrowski
#1. There is a difference between a checkpoint, and pulling someone over. That's why checkpoints exist. If they were the same thing, there'd be no reason for a regulated, approved area for checkpoints.
?

I suppose you might be trying to say that a checkpoint where cars are slowed down and most or all are asked for their driving licence would be the same thing as sending some kind of huge army of police cars to pull each person who passes along a stretch of road individually... checkpoints are simply a matter of practicality allowed by the same law as pulling someone over to ask for the driving licence.

Dec45 wrote:

#2. Cops are not going to get any discipline for anything they do. Funny you mention Rodney King... How much time did those cops do? Oh, that's right...

Your logic seems to be suggesting that you're okay with cops pulling people over, because you're confident and at ease with the notion that if you haven't done anything wrong, the cops will let you walk. That's totally beside the point. You're excusing a cop harassing someone for no reason, just because you know that person won't get in trouble if they haven't done anything wrong. No shit! The point is not that the person will get in trouble, the point is people like you are fine with cops having the ability to arbitrarily pull anyone over, at anytime, without probable cause or reason. That's not American, in my book.
A) The legality of pulling people over is a legal matter, and while it may be unnecessary, it's not actually the cops who pass the laws which allow it.
B) The Rodney King officers got off the same way that the woman in the OP did... sympathy of their peers.  A different jury would have almost certainly come to a different, just verdict.  The jury decided that they didn't commit a crime, despite the obvious evidence to the contrary.  Jurys are unreliable and stupid.  But you can't have it both ways, either everyone gets a jury trial for serious crimes, or no-one does.  This woman in the OP would not have got off the extra charges if it hadn't been a jury trial.  It goes to show that if people have the support of their communities in their actions, then they can get away with nearly anything, despite what the law says.  It's this fact which let's the cops do what they want in certain areas, as they know that even if it somehow got to trial, a jury wouldn't let it stick.  Hence the problem isn't the cops, isn't the laws, isn't the legal system, it's the attitudes of people in these areas in America.
lowing
Banned
+1,662|6804|USA

UnOriginalNuttah wrote:

Dec45 wrote:

Pug wrote:

Ok, this will help:

"If the officer can't form a convincing explanation for why you were pulled over, the seizure becomes illegal, and any evidence found during the traffic stop can't be used in court."  However, this doesn't mean they CAN'T pull you over...it means they can if they feel like it.  And if they can't tell you why they detained you...well you walk.  However, in every case you must produce an ID.
http://www.flexyourrights.org/pretext_traffic_stops

These people were all pulled over and given tickets.  Illegal?
http://www.wftv.com/automotive/7847681/detail.html

Washington State Troopers - what to do when you are pulled over.  Not followed in the video.
http://www.wsp.wa.gov/about/pullover.htm

Here's a good one where lawyers are debating.  The point I'm trying to make follows the link.  It's interesting as well, because it says charges won't hold up unless the reason why they pulled the guy over is the same as what they found...well, then no charges...

http://www.daviswiki.org/Police_Misconduct_Stories
Based on what cops tell me you don't have the right to refuse a police order. You basically do what the police officer tells you to do even if it is evasive. That said, it is most probable that the crime you may or may not have committed would be thrown out, the officer would be disciplined for his or her actions, and you would be free to sue a whole lot of people. I would cite Hiibel v. Sixth Judicial District Court of Nevada to back the comments I have had received from police officers. I wouldn't recommend refusing to give your name to the police in order to take a tour through the legal system. Steven Ostrowski
#1. There is a difference between a checkpoint, and pulling someone over. That's why checkpoints exist. If they were the same thing, there'd be no reason for a regulated, approved area for checkpoints.
?

I suppose you might be trying to say that a checkpoint where cars are slowed down and most or all are asked for their driving licence would be the same thing as sending some kind of huge army of police cars to pull each person who passes along a stretch of road individually... checkpoints are simply a matter of practicality allowed by the same law as pulling someone over to ask for the driving licence.

Dec45 wrote:

#2. Cops are not going to get any discipline for anything they do. Funny you mention Rodney King... How much time did those cops do? Oh, that's right...

Your logic seems to be suggesting that you're okay with cops pulling people over, because you're confident and at ease with the notion that if you haven't done anything wrong, the cops will let you walk. That's totally beside the point. You're excusing a cop harassing someone for no reason, just because you know that person won't get in trouble if they haven't done anything wrong. No shit! The point is not that the person will get in trouble, the point is people like you are fine with cops having the ability to arbitrarily pull anyone over, at anytime, without probable cause or reason. That's not American, in my book.
A) The legality of pulling people over is a legal matter, and while it may be unnecessary, it's not actually the cops who pass the laws which allow it.
B) The Rodney King officers got off the same way that the woman in the OP did... sympathy of their peers.  A different jury would have almost certainly come to a different, just verdict.  The jury decided that they didn't commit a crime, despite the obvious evidence to the contrary.  Jurys are unreliable and stupid.  But you can't have it both ways, either everyone gets a jury trial for serious crimes, or no-one does.  This woman in the OP would not have got off the extra charges if it hadn't been a jury trial.  It goes to show that if people have the support of their communities in their actions, then they can get away with nearly anything, despite what the law says.  It's this fact which let's the cops do what they want in certain areas, as they know that even if it somehow got to trial, a jury wouldn't let it stick.  Hence the problem isn't the cops, isn't the laws, isn't the legal system, it's the attitudes of people in these areas in America.
My only regret is that, Rodney King, actually got up again.

http://www.law.umkc.edu/faculty/project … rests.html
UON
Junglist Massive
+223|6806

lowing wrote:

UnOriginalNuttah wrote:

It's this fact which let's the cops do what they want in certain areas, as they know that even if it somehow got to trial, a jury wouldn't let it stick.  Hence the problem isn't the cops, isn't the laws, isn't the legal system, it's the attitudes of people in these areas in America.
My only regret is that, Rodney King, actually got up again.

http://www.law.umkc.edu/faculty/project … rests.html
...and there, summed up in 2 short lines, is the exact attitude that lets the cops get away with racist beatings, and a great punctuation of my closing remark.
lowing
Banned
+1,662|6804|USA

UnOriginalNuttah wrote:

lowing wrote:

UnOriginalNuttah wrote:

It's this fact which let's the cops do what they want in certain areas, as they know that even if it somehow got to trial, a jury wouldn't let it stick.  Hence the problem isn't the cops, isn't the laws, isn't the legal system, it's the attitudes of people in these areas in America.
My only regret is that, Rodney King, actually got up again.

http://www.law.umkc.edu/faculty/project … rests.html
...and there, summed up in 2 short lines, is the exact attitude that lets the cops get away with racist beatings, and a great punctuation of my closing remark.
sorry, I will not let you place the race card over this, RK would have had his ass whipped regardless of his skin color. People like you like to dress it up as racial for dramatics. He was high as a kite. And if you read the link you would also know he probably wasn't on his way to Grandma's house for cookies and milk.

bottom line
If you will not govern yourself....EXPECT to be governed by someone else. I know, I know, your doctrine forbids personal responsibility. So much easier to play the race card.

It more than figures that you would defend that worthless P.O.S.

Last edited by lowing (2006-11-26 21:56:36)

UON
Junglist Massive
+223|6806

lowing wrote:

bottom line
If you will not govern yourself....EXPECT to be governed by someone else. I know, I know, your doctrine forbids personal responsibility. So much easier to play the race card.

It more than figures that you would defend that worthless P.O.S.
I agree, as long as they just beat and shoot drunks and druggies it's fine.  And if they make a mistake and shoot the wrong guy, they can just plant some drugs on their victim and they'd have done a service to the community.

Funny how you accuse me of "playing the race card" over the incident which sparked the LA race riots...  at least I'm not playing the joker...
lowing
Banned
+1,662|6804|USA

UnOriginalNuttah wrote:

lowing wrote:

bottom line
If you will not govern yourself....EXPECT to be governed by someone else. I know, I know, your doctrine forbids personal responsibility. So much easier to play the race card.

It more than figures that you would defend that worthless P.O.S.
I agree, as long as they just beat and shoot drunks and druggies it's fine.  And if they make a mistake and shoot the wrong guy, they can just plant some drugs on their victim and they'd have done a service to the community.

Funny how you accuse me of "playing the race card" over the incident which sparked the LA race riots...  at least I'm not playing the joker...
Yeah, I love that, LA "RACE" RIOT..........To protest my oppression by white America, I shall steal this 47 inch color TV, this new stereo system, these new basketball shoes, this new starter jacket, and all of this fine jewelry from this department store. THAT should teach them a lesson. As if anyone involved gave 2 fucks about RK. Sure sounds like you are playing the joker after all.

Last edited by lowing (2006-11-27 04:01:07)

Pug
UR father's brother's nephew's former roommate
+652|6695|Texas - Bigger than France

Dec45 wrote:

#1. There is a difference between a checkpoint, and pulling someone over. That's why checkpoints exist. If they were the same thing, there'd be no reason for a regulated, approved area for checkpoints.

#2. Cops are not going to get any discipline for anything they do. Funny you mention Rodney King... How much time did those cops do? Oh, that's right...

Your logic seems to be suggesting that you're okay with cops pulling people over, because you're confident and at ease with the notion that if you haven't done anything wrong, the cops will let you walk. That's totally beside the point. You're excusing a cop harassing someone for no reason, just because you know that person won't get in trouble if they haven't done anything wrong. No shit! The point is not that the person will get in trouble, the point is people like you are fine with cops having the ability to arbitrarily pull anyone over, at anytime, without probable cause or reason. That's not American, in my book.
Actually, the point about a checkpoint and pulling someone over is an example - a comparison of pulling someone over for no reason.  Essentially there's no difference in legality.  The cops have no reason to pull you over, so what's the difference if you do it at a checkpoint?  My point is that you believe that it is legal to stop someone at a checkpoint...it's the same if they pull you over!

The cops are disciplined for incorrect arrests every day.  That is pretty much why they DON'T usually pull people over for no reason - because if a arrest results because of drugs in the car or whatever, unless they pulled the person over for that - the perp walks!!!

I'm okay with cops pulling people over because there's lots of a-holes out there.  Two minutes of my life...once every TEN YEARS isn't going to kill me.  Just like the metal detectors and lines at the airport - which are by the way under gov't authority, not privatized - if it deters hijackings...

The bottom line is that driving on the local, state and national roads is a privelege.  It's an exchange of rights - you give something up to be able to drive the roads.  If you don't like it - then you shouldn't be on the road.

Lets be generous here - you have spent more time bitching about this in this thread than the time you will spend accidentally pulled over in your life.
B.Schuss
I'm back, baby... ( sort of )
+664|6994|Cologne, Germany

in germany, cops do not need to have a specific reason to pull you over. At night, and especially on the weekends, they'll drive routine patrols and pull over cars to check on correct driver's license, proper insurance, and - most importantly - DUI violations.

It's called "General Traffic Control" ( Allgemeine Verkehrskontrolle in german ) and it's no biggie. I have had my Driver's License since 1994 now, and I have only been stopped 3 times, I believe. Not much, wouldn't you agree ?

But if it contributes to my safety on the road, I'll gladly sacrifice those 2 minutes and show ID. What's so difficult about that ?
ozghost
Mr piss EVERYONE off
+48|6863|Kangarooland

B.Schuss wrote:

in germany, cops do not need to have a specific reason to pull you over. At night, and especially on the weekends, they'll drive routine patrols and pull over cars to check on correct driver's license, proper insurance, and - most importantly - DUI violations.

It's called "General Traffic Control" ( Allgemeine Verkehrskontrolle in german ) and it's no biggie. I have had my Driver's License since 1994 now, and I have only been stopped 3 times, I believe. Not much, wouldn't you agree ?

But if it contributes to my safety on the road, I'll gladly sacrifice those 2 minutes and show ID. What's so difficult about that ?
Thats how it is here in OZ, b4 this post i was a bit lost....
EVieira
Member
+105|6631|Lutenblaag, Molvania
Police brutality my ass, the cops are doing their job, protecting YOU. Up here, dickheads like that ain't worth the paperwork to take them to the station. The police would just have shot her and dumped the body in the river. Ok, maybe I'm exagerating a bit...

That kid who got tazed in the other vid, he would need a very good dental plan if he pissed-off Brazilian cops. And would most definitely learned his lesson.
"All truths are easy to understand once they are discovered;  the point is to discover them."
Galileo Galilei  (1564-1642)
UON
Junglist Massive
+223|6806

lowing wrote:

Yeah, I love that, LA "RACE" RIOT..........To protest my oppression by white America, I shall steal this 47 inch color TV, this new stereo system, these new basketball shoes, this new starter jacket, and all of this fine jewelry from this department store. THAT should teach them a lesson. As if anyone involved gave 2 fucks about RK. Sure sounds like you are playing the joker after all.
Well, go and edit the wikipedia if you've got the balls, because there is, right on the race riots page: http://en.wikipedia.org/wiki/Race_riot#Modern

I think I see what happened though... you think "riot" means looting, when in fact the looting is a side-effect of the riot.
lowing
Banned
+1,662|6804|USA

UnOriginalNuttah wrote:

lowing wrote:

Yeah, I love that, LA "RACE" RIOT..........To protest my oppression by white America, I shall steal this 47 inch color TV, this new stereo system, these new basketball shoes, this new starter jacket, and all of this fine jewelry from this department store. THAT should teach them a lesson. As if anyone involved gave 2 fucks about RK. Sure sounds like you are playing the joker after all.
Well, go and edit the wikipedia if you've got the balls, because there is, right on the race riots page: http://en.wikipedia.org/wiki/Race_riot#Modern

I think I see what happened though... you think "riot" means looting, when in fact the looting is a side-effect of the riot.
You can call it whatever the hell you want. If you think those idiots gave 2 shits about RK as a victim, over that brand new big screen they have their eyes on, you are naive, to say the least. To those people rioting and looting it was like Christmas for them, or did you miss the video of the truck driver getting his head bashed in by a brick, while everyone laughed? Gee, I don't remember his name, do you, (without the google). Also, I guess THAT wasn't race related since it was never presented as such.
EVieira
Member
+105|6631|Lutenblaag, Molvania

lowing wrote:

UnOriginalNuttah wrote:

lowing wrote:

Yeah, I love that, LA "RACE" RIOT..........To protest my oppression by white America, I shall steal this 47 inch color TV, this new stereo system, these new basketball shoes, this new starter jacket, and all of this fine jewelry from this department store. THAT should teach them a lesson. As if anyone involved gave 2 fucks about RK. Sure sounds like you are playing the joker after all.
Well, go and edit the wikipedia if you've got the balls, because there is, right on the race riots page: http://en.wikipedia.org/wiki/Race_riot#Modern

I think I see what happened though... you think "riot" means looting, when in fact the looting is a side-effect of the riot.
You can call it whatever the hell you want. If you think those idiots gave 2 shits about RK as a victim, over that brand new big screen they have their eyes on, you are naive, to say the least. To those people rioting and looting it was like Christmas for them, or did you miss the video of the truck driver getting his head bashed in by a brick, while everyone laughed? Gee, I don't remember his name, do you, (without the google). Also, I guess THAT wasn't race related since it was never presented as such.
Looting is a consequence of the riot. A riot is when things get out of control, in this example because of the racist actions that ocurred against RK. Of course the looters didn't give a crap about RK, still the cause of the riot was about him.
"All truths are easy to understand once they are discovered;  the point is to discover them."
Galileo Galilei  (1564-1642)
lowing
Banned
+1,662|6804|USA

EVieira wrote:

lowing wrote:

UnOriginalNuttah wrote:


Well, go and edit the wikipedia if you've got the balls, because there is, right on the race riots page: http://en.wikipedia.org/wiki/Race_riot#Modern

I think I see what happened though... you think "riot" means looting, when in fact the looting is a side-effect of the riot.
You can call it whatever the hell you want. If you think those idiots gave 2 shits about RK as a victim, over that brand new big screen they have their eyes on, you are naive, to say the least. To those people rioting and looting it was like Christmas for them, or did you miss the video of the truck driver getting his head bashed in by a brick, while everyone laughed? Gee, I don't remember his name, do you, (without the google). Also, I guess THAT wasn't race related since it was never presented as such.
Looting is a consequence of the riot. A riot is when things get out of control, in this example because of the racist actions that ocurred against RK. Of course the looters didn't give a crap about RK, still the cause of the riot was about him.
and I guess rain is a consequence of a thunderstorm, it isn't part of one.

It doesn't matter anyway, RK was drunk, had history of violent crime, had an arrest record long and distinguished, ( before and after the incident) HE was/is a POS. Any chance he provoked that ass whippin' he got? NEhhhhh I guess that would be out of character for a fine up standing citizen like RK.

Also, this was not a race issue, he wasn't beat up for being black, he was beat up for resisting arrest and  for being a drunk belligerent fuckin' asshole. The media and the civil rights leaders, desperately looking for headlines made it a race issue.

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