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FAMS2101 > TEST 2 > Flashcards

TEST 2 Flashcards

1
Q

4th amendment history

A

in response to the English crowns use of general warrants

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2
Q

4th amendment applies to searches of…

A

people
places
things

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3
Q

what does the 4th amendment do

A

regulates actions of government officials
does not regulate private conduct
acts as restraint against the government

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4
Q

who is represented by the government

A 
cops
agents 
building inspectors 
firefighters 
anyone who gets paid by the government
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5
Q

who is NOT represented by the government

A 
private citizens 
parents 
private investigator 
hotel maids
private services
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6
Q

what is admissible in trial

A

evidence found in a private search

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7
Q

does the exclusionary rule apply to private searches

A

nope

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8
Q

explain US V Jarrect

A

FBI agent “cant tell you to find and get more info on someone, but if you do, we wont prosecute you for something else”

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9
Q

examples of private agencies

A

geek squad
private security
bounty hunters
off duty cops working private security

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10
Q

explain US V KATZ

A

started the reasonable expectation of privacy (REP)

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11
Q

what does the 4th amendment protect

A

PRIVACY not just places

PEOPLE

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12
Q

What is the Katz test for REP

A

Subjective, person must’ve had expectation of privacy
Objective, society is prepared to recognize as reasonable
NEED BOTH FOR 4A PROTECTION

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13
Q

When does a 4th amendment search take place

A

when a persons reasonable expectation of privacy is violated

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14
Q

what is property based trespass

A

takes place when the gov intrudes of a persons property for the intent of finding evidence

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15
Q

2 distinct parts of 4th amendment

A
  1. defines the right, requires everything must be reasonable
  2. warrants clause, must have PC and describe specially what is to be seized/ searched
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16
Q

When does a private search become a gov search

3 factors

A

does gov know of actors conduct
does actor plan on assisting gov
does gov encourage in private action

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17
Q

2 tests that supreme court has to determines if a search is within meaning

A

the jones analysis: physical intrusion to protected area

the katz analysis: reasonable expectation of privacy

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18
Q

3 types of ADHD

A

inattentive
hyper impulsive
combination of both

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19
Q

2 types of mood disorders

A

major depressive

bipolar

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20
Q

definition of mental illness

A

diagnosed/ undiagnosed illness

causes significant stress that’ll cause problems with thought, emotion and behavior

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21
Q

what is a mental health crisis

A

behavioral, emotional, or psych situation resulting in reduced levels in activities of daily living
results in replacements of people

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22
Q

definition of Deinstitutionalization

A

moved people from “state run” places to “fed” places in the 60s
Made # of beds go down and Crime up

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23
Q

4 indicators of intellectual disabilities

A

problem communicating
cant do simple tasks
baby like attitude
cant follow rules

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24
Q

2 stress related disorders

A

Acute stress disorder (ASD) less than month

PTSD longer than month

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25
Q

What should you look for when coming in contact with a psych call

A

self injury wounds
med bracelets
drugs
injury or damage to people or things

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26
Q

What should you do once the subject is secured

A

preserve evidence

interview witness

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27
Q

What is dementia

A

brain deterioration

loss of intelligent abilities

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28
Q

what is schizophrenia

A

change perception of reality

don’t engage in persons delusions

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29
Q

what is intellectual disability

A

neurodevelopmental disorder
not mental illness
2 or more behaviors that affect life
no cure

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30
Q

If the driver gives consent to search the car, can the officer also search a friend bag that it is the car?

A

No officer will also need consent to search the friends bag

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31
Q

Do hotels and motels have reasonable expectation of privacy REP

A

Yes but not in the hallways or common areas

Tents are also protected

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32
Q

Do containers have REP

A

Yes unless you can see through them

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33
Q

What do LE need search warrants for

A 
blood
saliva
urine
breathalyzer
NOT FINGER PRINTS, HANDWRITING, VOICE SAMPLES
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34
Q

Definition of curtilage

A

the area in which intimate activity and the privacy’s of life take place

LE cannot take K9 on to porch to smell drugs but LE can attempt knock and talk

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35
Q

Definition of open field

A

any unoccupied or underdeveloped area outside of the curtilage

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36
Q

4 factors that determine what is curtilage

A

proximity of the area
whether are is within enclosure
use of the area
steps taken to protect area from people passing

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37
Q

Factors on if gov employee has REP at work

A 
prior notice 
common practices 
openness 
special trust 
waived REP
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38
Q

Can gov employee supervisors search their area

A

yes but may only look for work related items and also if the sup has RS of work related misconduct that may or may not be criminal

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39
Q

Does mail have REP

A 
only if it is first class or higher 
BUT not on the outside such as words on the package
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40
Q

2 factors of the lawfulness using sensory devices

A

sophistication of device

activity viewed from public or private space

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41
Q

What can you not use as an excuse to profile

A

National security
must have credible trustworthy info along with matched description
cannot use race along

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42
Q

difference between terry stop and terry frisk

A

STOP-reasonable suspicion of criminal activity

FRISK-reasonable suspicion of person being armed and dangerous

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43
Q

What can LE do during a terry stop

A 
interview
drug sniff
observe non REP areas
ID suspects 
SUSPECTS DO NOT NEED TO ANSWER QUESTIONS
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44
Q

when do terry stops become a seizure

A

when the suspect believes they are not free to leave

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45
Q

3 types of police-citizen encounters

A

consensual encounter
terry stop
arrest

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46
Q

what is a consensual encounter

A

brief, voluntary encounter between LEO and individual where they feel like they can leave at anytime

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47
Q

factors that determine whether a contact is a seizure

A 
time
place
language of LEO
# of LEOs
amount of force
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48
Q

What do you need to have “reasonable suspicion”

A

totality of the circumstance (training, experience)
specific articulable facts
more than a mere hunch

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49
Q

What are investigative techniques

A

LEOs personal observation
info provided by other LEOs
3rd party
confidential informants

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50
Q

2 requirements for a terry frisk

A

must be lawful

LEO must reasonably suspect that the person is armed and dangerous

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51
Q

What is the scope of permissible frisk

A

check outside the clothing for anything that could be a weapon
anything in the suspects immediate control including containers

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52
Q

2 requirements to seize evidence lawfully

A

must be lawful

immediately recognize without manipulation

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53
Q

When can a LEO frisk the vehicle

A

when the LEO has reasonable suspicion that the driver or passengers is dangerous and may gain immediate control of a weapon

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54
Q

what is a pretextual traffic stop

A

when the LEO uses legal justification( traffic violation) to stop car in order to investigate a more serious crime

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55
Q

what do you need probable cause for

A

to make an arrest

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56
Q

how do you get probable cause

A 
totality of the circumstance 
direct observations
another LEO
training, experience 
drug sniffing 
3rd party
informant
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57
Q

what does the 4th amendment address

A

government

not private action

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58
Q

when does the 4th amendment apply

A

when a private citizen acts as an instrument of the gov

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59
Q

explain the Katz situation

A

police infringe of someone’s REP to try to find info

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60
Q

explain Jones situation

A

police trespass to find info

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61
Q

Do people have REP in open fields outside of they’re curtilage

A

nope

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62
Q

non REP examples

A

Public vantage point- looking where a normal person could

Aerial surveillance- no REP from the air regardless of efforts of privacy

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63
Q

actions to take when you have reasonable suspicion

A

seizure
terry stop
terry frisk

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64
Q

what is a seizure (person)

A

intentionally stopping someone

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65
Q

what is a terry stop (person)

A

RS that criminal activity is happening and the suspect is involved

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66
Q

what is a terry frisk (person)

A

RS that suspect is armed and dangerous

not looking for contraband unless immediately apparent without manipulation

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67
Q

When can you use race to justify a stop

A

only when matching a specific suspect description

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68
Q

when does probable cause exist to the extent that an arrest or search is justified

A

when you have the facts not mere conclusions and the totality of the circumstances

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69
Q

when do you have probable cause to search

A

specific items you’re searching for are connected with criminal activity
items will be found

70
Q

when do you have probable cause to arrest

A

violation of law has been committed

person committed violation

71
Q

what is the purpose of the exclusionary rule

A

to deter police misconduct

72
Q

what is the exclusionary rule

A

evidence obtained as a result of unlawful search is inadmissible in court

73
Q

what is the fruit of the poisonous tree

A

evidence found from info learned legally is also inadmissible

74
Q

what are exceptions to the exclusionary rule

A

no standing to object- person believed he had REP of the place searched
good faith- if LEO believed it was a good warrant even if it wasn’t
inevitable discovery- going to find it anyway
impeachment- when defendant testifies falsely

75
Q

what are the limitation of an arrest warrant

A

only LEO or marshal can execute
must show warrant to defendant
return warrant to judge

76
Q

when does an arrest involving a felony require a warrant

A

if its in a public place it can be a warrantless arrest

if its in their home you need a warrant, consent, or exigent circumstances

77
Q

when does an arrest involving a misdemeanor require a warrant

A

when the crime does not happen in your presence

78
Q

what are the 4 requirements before you can use force to open a door

A

knock
announce identity and authority
be refused or denied

79
Q

what is a protective sweep

A

only looking in places where a person could hide for LEO safety

80
Q

2 kinds of protective sweeps

A

automatic- requires no suspicion that there is a threat

extended- must have RS that dangerous persons are present

81
Q

3 requirements where the gov can seize evidence in plain view

A

lawful position of observation
incriminating nature is immediately apparent
lawful right of access

82
Q

what is the Carroll doctrine

A

if you have PC to believe that that something mobile in a public place has evidence of a crime or contraband you can search without warrant

83
Q

2 prerequisites for a search under Carroll

A

PC that something is in vehicle

vehicle is readily mobile

84
Q

when can containers be searched

A

if you believe the item you’re looking for could be located in container even if locked like the trunk

85
Q

what is the acevedo rule

A

vehicle may be stopped and search to retrieve specific container but PC to container does not apply to entire vehicle

86
Q

when is immediate entry or search necessary

A

to prevent escape, destruction of evidence, injury or death

87
Q

who bears the burden of proving exigent circumstances

A

the gov

they must also prove the existence of PC and of the exigent circumstance

88
Q

what happens when the exigent circumstance ends

A

the right for a warrantless search also ends

89
Q

top 3 exigent circumstances

A

hot pursuit
destruction of evidence
emergency scene

90
Q

requirements for hot pursuit

A 
PC to arrest
serious crime 
immediate pursuit 
from a public place 
PC to believe suspect is in residence
91
Q

what is an exception to a warrantless search

A

SIA

92
Q

3 requirements for a valid SIA

A

custodial arrest
substantially contemporaneous with the arrest
area to be search must currently be accessible to the arrestee

93
Q

when is the only time you can search the vehicle after the arrest

A

if arrestee might access the vehicle during the search or contains evidence of the offense

94
Q

when can consent be given by a third party

A

if they seem to be in authority over the place searched consent can be limited and revoked at anytime

95
Q

2 requirements for lawful inventory of personal propoerty

A

lawful impoundment- LEO must’ve have lawfully come into possession

Standardized policy-LEO policy

making sure valuables are accounted for

96
Q

6 dimensions of wellness

A 
physical
mental
social
emotional
spiritual
occupational
97
Q

4 elements of physical health

A

PT
nutrition
rest
health

98
Q

2 types of stress

A

Eustress= positive

Distress=negative

99
Q

elements that increase a cardiac risk

A

poor sleep
nutrition
activities

also leading cause of death in LE

100
Q

time limit for search warrant to be served

A

14 days

101
Q

what is a mobile conveyance

A

presently operational or operational with a minor fix

102
Q

what is the scope of the search un the mobile conveyance exception

A

anywhere that what you’re looking for could be found

103
Q

limitations of an arrest warrant

A

COMPLAINT-PC from affidavit of LEO
INFORMATION-PC from charges by US attorney
INDICTMENT-PC from charges by grand jury

104
Q

Does landlord have authority to grant search

A

nope

105
Q

times to complete search and arrest warrants

A

SEARCH-6am-10pm

ARREST-anytime

106
Q

the 2 functions of federal court

A

conduct the trial or hear an appeal

107
Q

what happens during the trial courts

A

evidence is presented
witnesses testify
reach verdict

108
Q

what happens ar the court of appeals

A

looks to see what happened at the trial courts

there are no witnesses and no evidence presented

109
Q

what is the order of the courts

A

US Supreme court (1)
Federal courts of appeals (13)
US District courts (94)
Magistrate courts

110
Q

what did Article III section I of the constitution create

A

US Supreme court

all others were created by congress

111
Q

Penalty for Felony

A

more than 1 year in jail, 366 days

112
Q

penalty for misdemeanor

A

max punishment 12 months in jail or less

113
Q

penalty for infraction

A

5 days or less

114
Q

classess of misdemeanors

A

CLASS A- 12 months or less, more than 6 months CLASS B- 6 months or less, more than 30 days
CLASS C- 30 days or less, more than 5

115
Q

petty offenses penalty

A

6 months or less ( class b or c)

116
Q

what gets trialed in circut court of appeals

A

appellate matters only

117
Q

what gets trialed in district courts

A

felonies and class A misdemeanors

118
Q

what gets trialed in magistrate courts

A

class A with consent, misdemeanors and petty

119
Q

where is the arrest warrant to be issued

A

where the crime happened

120
Q

where is the search warrant to be issued

A

district where the evidence is located

121
Q

what does the Vienna convention on consular relations establish?

A

protocol for the treatment of foreign nationals and US citizens being arrested on foreign soil

122
Q

Basic rule of the consular representative

A

LEO must inform foreign national of the option to have them notified

123
Q

special rule of the consular representative

A

certain countries will be notified no matter what

124
Q

what are the judges options on the release of the defendant

A 
own recognizance 
conditional release (bail)
detention hearing (detained until hearing)
125
Q

what is a diplomat

A

representative of a foreign country working in the US, must be officially recognized

126
Q

what is diplomatic immunity

A

not subject to jurisdiction is US courts but can cite for traffic violations

127
Q

how can you verify the status of diplomats

A

call the state department

128
Q

what should LEO do if they have a warrant for a foreign embassy or diplomat

A

get permission from the foreign nation

129
Q

when do members of congress get protection from arrests

A

only while congress is in session and while standing or going to and from sessions

can still receive traffic tix, subenas, and summons

CAN STILL BE AREESTED for felonies and breach of peace but must call US attorney first

130
Q

what are the 3 types of charging documents

A

criminal complaint (LE)
Information (US attorney)
indictment (grand jury)

131
Q

when are arrest warrants obtained

A

when the judge is given a crim complaint, an information, or an indictment

132
Q

types of circut court of appeals

A

13 CIRCUTS
11 federal
district of Colombia
court of appeals for federal circut

133
Q

who prepares the pre-sentence report

A

probation officer

134
Q

what pauses the statute of limitations

A

if they fled or concealed their ID

135
Q

what do the rules of venue state

A

trial should be held in district where crime occurred UNLESS defendant charged with very serious crime

136
Q

what does rule 16 require

A

give defendant copy of their prior statements and criminal record

137
Q

who is present when the grand jury is listening to witness testimony

A

only the AUSA, grand jurors, court reporter, and witness

138
Q

who is present when the grand jury is deliberating and voting

A

only the grand jurors

139
Q

who issues subpoenas to appear before grand jury

A

assistant US attorney (AUSA)

140
Q

when does the gran jury issue and indictment

A

when the grand jurors determine there was probable cause that the defendant committed the charged offense

141
Q

what is the primary purpose of the arraignment

A

for the defendant to enter a plea

142
Q

when will the defendant not have a preliminary hearing

A

when the defendant was indicted or charged by information

143
Q

what happens at defendants initial appearance

A

The Magistrate Judge will explain to the defendant the criminal charges and his rights

144
Q

when is the criminal complaint used

A

to establish probable cause in support of the warrantless arrest

145
Q

factors LEO can use to justify investigative detentions that need to be combined with other factors

A

suspects flight
suspects presence in high crime area
suspects criminal history
suspects nervous behavior

146
Q

the 2 prongs of the Aguilar test

A

credibility of the informant

informants basis of the knowledge

147
Q

3 basic parts of a criminal statute

A

an act or failure to act
criminal intent
the punishment

148
Q

what is a battery charge

A

nonconsensual contact

149
Q

crime for battery attempt/ threat

A

misdemeanor, up to 1 year

150
Q

crime for physical contact/ intent to commit felony

A

felony, up to 8 years

151
Q

crime using deadly and dangerous weapon

A

felony, up to 20 years

152
Q

what do firearm’s NOT include

A

antiques (before 1899)

air powered weapons

153
Q

people prohibited to carry firearms

A 
convicted felons (unless they have a pardon) 
fugitives 
drug users/addicts 
mentally defective 
illegal aliens 
dishonorable discharge 
renounced citizen 
restraining order
154
Q

what makes a knife a dangerous weapon

A

when the blade is 2 1/2 inches or longer

155
Q

what weapons must be registered

A 
SB shotgun (barrel 18 or less, weapon 26 or less)
SB rifle (barrel 16 or less, weapon 26 or less)
all machine guns, destructive devices and silencers
156
Q

info needed to track firearm

A

MAKE
MODEL
SERIAL NUMBER
CALIBER

157
Q

what will a weapons trace not tell you

A

transfers between private individuals

158
Q

does government have to prove why someone committed a crime

A

NOPE

159
Q

what is exclusive federal jurisdictions

A

only US gov can enforce

160
Q

what is concurrent jurisdictions

A

BOTH US and state gov can enforce

161
Q

what is propriety jurisdictions

A

no special authority for anyone

162
Q

2 kinds of criminal intent

A

general intent-only needs the intent to do the act

specific intent - needs proof that the person wanted the consequence of the act

163
Q

What is the most important LE component of LE

A

Interviewing

164
Q

4 basic elements of physical health

A

PT
Nutrition
Rest
Health care

165
Q

2 ways to reduce stress

A

Set measurable goals

Interesting imagery

166
Q

What can cause a sense of entitlement

A

Unwarranted rewards

167
Q

Ways to prove intent

A 
Confessions 
Admissions 
Stammers from others 
Inferences from actions 
Diaries
168
Q

Exceptions to prove motive

A

Hate crimes and terrorism

169
Q

what is embezzlement

A

when a person is given something from the gov, but then gives it to someone else (military equip to friend)

170
Q

what is conversion

A

when a person is given something from the gov but wrongfully uses it ( take home vehicles)

FAMS2101 (14 decks)

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