florida case law passenger identification

I was on a vehicle as a passenger with my safety belt on and was pulled over. The facts of Brendlin's case represent a common outcome of so-called . See Cornett v. City of Lakeland, No. Deputy Dunn did not, however, have a valid basis to also require a passenger, such as Plaintiff, to provide identification, absent a reasonable suspicion that the passenger had committed, was committing, or was about to commit a criminal offense. The dissent distinguished this case from Smithbecause here it was the passenger who engaged in the illegal conduct of not wearing a seatbelt, whereas in Smiththe court was protecting non-culpable passengers. 2019). Deputy Dunn argues that Plaintiff cannot state a cause of action under the Fourteenth Amendment. ; see also State v. Butler, 655 So. Count I: 1983 False Arrest - Fourth Amendment Claim. 14-10154 (2016). 93 (1963). Adams v. Williams, 407 U.S. 143, 148 n.3 (1972). 901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.. If you have a case citation, such as 594 So. 01-21-2013, 11:40 AM. We are aware that not all these assaults occur when issuing traffic summons, but we have before expressly declined to accept the argument that traffic violations necessarily involve less danger to officers than other types of confrontations. Deputy Dunn initiated a traffic stop, claiming that he could not see the license plate because it was obstructed by a trailer. Consequently, the motion to dismiss is due to be granted as to this ground. amend. Johnson v. Of Trustees of Cent. Id. so "the additional intrusion on the passenger is minimal," id., at 415. The State of California conceded the police did not have reasonable suspicion to justify a traffic stop on this basis. The evolution of these casesprimarily the statements in Brendlin, 551 U.S. at 258, that [i]t is reasonable for passengers to expect that a police officer at the scene of a crime, arrest, or investigation will not let people move around in ways that could jeopardize his safety, and in Johnson, 555 U.S. at 333, that [t]he temporary seizure of driver and passengers ordinarily continues, and remains reasonable, for the duration of the stop (emphasis added)demonstrates that the Presley and Aguiar courts correctly held that law enforcement officers may prevent passengers from leaving a traffic stop, as a matter of course, without violating the Fourth Amendment. "In this circuit, the law can be 'clearly established' for qualified immunity purposes only by decisions of the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court of the state where the case arose." This is a traffic stop, you're part of it. Colo. Rev. 3d at 88 (citing Aguiar, 199 So. Outside the car, the passengers will be denied access to any possible weapon that might be concealed in the interior of the passenger compartment. "Arguable probable cause exists if, under all of the facts and circumstances, an officer reasonably could - not necessarily would - have believed that probable cause was present." However, courts may exercise their discretion when deciding which of the two prongs should be addressed first, depending upon the unique circumstances in each particular case. 3d at 88 (quoting Aguiar, 199 So. To demonstrate a policy or custom, "it is generally necessary to show a persistent and wide-spread practice; random acts or isolated incidents are insufficient." Until their voices matter too, our justice system will continue to be anything but. In reaching this conclusion, the Court reiterated that traffic stops are especially fraught with danger to police officers, but the risk of harm to both the police and the vehicle occupants is minimized if the officers routinely exercise unquestioned command of the situation. Id. 6.. The district court certified that its decision is in direct conflict with the decision of the Fourth District Court of Appeal in Wilson v. State (Wilson v. State), 734 So. (1) This section may be known and cited as the "Florida Stop and Frisk Law.". For example, the passenger might return to attack the officer while the officer is focused on the driver. When Plaintiff asked why he was being arrested, Deputy Dunn stated that it was for resisting without violence by not giving his name when it was demanded. However, officers did not find any drugs in the vehicle. Const. In reaching this holding, we expressly decline to address whether law enforcement may detain passengers during a traffic stop of a common carrier or a vehicle that, at the time of the stop, is being utilized as part of a transportation-based business. Gross v. Jones, No. Because Deputy Dunn was working under the authority of the Pasco County Sheriff's Office at the time of the incident, Plaintiff must overcome his right to claim qualified immunity. Officer Baker then repeated his "demand[] The officer asked Johnson to exit the vehicle so she could distance him from the other passenger and obtain intelligence about the gang of which Johnson might be a member. During the search incident to arrest, the officers found a syringe cap on his person, and a search of the vehicle revealed tubing, a scale, and other things used to produce methamphetamine. Id. Fla. Dec. 6, 2016) (dismissing battery claims against deputies because factual allegations regarding events were insufficient to show use of force was unreasonable). Section 15-5-30. Id. Lastly, in Rodriguez, the Supreme Court articulated a limitation on traffic-stop detentions. Get a Demo. Later, Officer Baker explained it was "standard for [law enforcement] to identify everybody in the vehicle." Landeros refused to identify himself, and informed Officer Bakercorrectly, as we shall explainthat he was not required to do so. Cottone v. Jenne, 326 F.3d 1352, 1360 (11th Cir. Bd. 9/22/2017. The Supreme Court elaborated: Unlike a general interest in criminal enforcement, however, the government's officer safety interest stems from the mission of the stop itself. Count II: 1983 False Arrest - Fourth Amendment Claim. The First District then explained that the seminal case in Florida on passenger detentions during traffic stops is Wilson v. Ibid. Id. Learn more about FindLaws newsletters, including our terms of use and privacy policy. . Brendlin was charged with possession and manufacture of methamphetamine. Under Monell, "[l]ocal governing bodies . "For a right to be clearly established, 'the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.'" Plaintiff should take care to not plead duplicative counts against the Sheriff, and if he decides to refile this count, he should ensure that this claim is distinguishable from Count V (negligent hiring, retention, training, and supervision). Johnson also admitted he had previously been incarcerated for burglary. Presley, 204 So. Whether or not you have to show the police your ID legally, always respond to the request politely. Thus, even assuming that the imposition here was no more intrusive than the exit order in Mimms, the dog sniff could not be justified on the same basis. Answer (1 of 110): Are police allowed to ask for car passengers ID's during traffic stop? at 695. In such a case, "it is clear that even if . 817.568 Criminal use of personal identification information.. Id. Pursuant to existing law on this point, Plaintiff had no obligation to talk to or identify himself to Deputy Dunn. (internal quotation and citation omitted). The motion to dismiss is denied as to these grounds. - License . 2004). at 392-393 (footnote omitted) 25 Id. The requisite causal connection can be established "when a history of widespread abuse puts the responsible supervisor on notice of the need to correct the alleged deprivation, and he fails to do so." You may be eligible to renew a Florida driver license or ID card online at MyDMV Portal. the right to refuse to identify themselves or provide ID. at 1613. The case is Wingate v. Fulford . Pearson v. Callahan, 555 U.S. 223, 237 (2009) (internal quotation omitted). Id. For generations, black and brown parents have given their children the talkinstructing them never to run down the street; always keep your hands where they can be seen; do not even think of talking back to a strangerall out of fear of how an officer with a gun will react to them. Pursuant to traffic stop laws, drivers are required to pull over for law enforcement. Reasonableness depends on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers. Mimms, 434 U.S. at 109 (quoting United States v. Brignoni-Ponce, 422 U.S. 873, 878 (1975)). Therefore, in determining whether the detention of Presley was constitutional, we must evaluate under the specific facts of this case whether the duration of the traffic stop was reasonable, such that the mission of the stopto address the traffic violation that warranted the stop and attend to related safety concernscould be completed. It is not clear from the record how much time elapsed between the stop and the arrival of Officers Pandak and Meurer in response to the request for assistance. (Doc. Fla. June 29, 2016) (quoting Essex Ins. In his motion, Deputy Dunn argues that he is entitled to qualified immunity because there was actual probable cause to arrest Plaintiff for resisting without violence. See 901.151(2), F.S. Deputy Dunn was accompanied by two other deputies and a film crew from the A&E television show "Live PD.". ( Wyoming v. Houghton, 526 U.S. 295 (1999).) 901.151 (2) Whenever any law enforcement . 3d at 927-30). at 1311-12 (quoting Coffin v. Brandau, 642 F.3d 999, 1015 (11th Cir. References to Florida Law The laws which govern the requirements in this document are covered in the following Florida Statutes (F.S. Brown v. City of Huntville, Ala., 608 F.3d 724, 734 (11th Cir. The First District noted that in both cases, the Supreme Court held a traffic stop seizes both the driver and any passengers. See, e.g., C.P. A CONFLICT EXISTS IN THIS CASE WITH THE DECISION OF THE SECOND DISTRICT COURT OF APPEAL IN NULPH V. STATE, 838 SO. Pearson, 555 U.S. at 236; Corbitt v. Vickers, 929 F.3d 1304, 1311 (11th Cir. Police can't extend a traffic stop because a passenger declines to show a police officer identification, the Ninth Circuit U.S. Court of Appeals decided in January after hearing a case from Arizona, one of the western states under its jurisdiction. Shown below is a sample Motion to Suppress Evidence filed in a Florida criminal case. 8:20-cv-1370-T-60JSS (M.D. at 24. Because the legitimate and weighty concern of officer safety can only be addressed if the officers routinely exercise unquestioned command of the situation[,] we believe that this interest outweighs the minimal intrusion on those few passengers who might prefer to leave the scene. at 257-58 (some citations and footnote omitted). Presley, 204 So. 3d at 88-89 (citing Aguiar, 199 So. In concluding that passengers are seized during a traffic stop for Fourth Amendment purposes, the Supreme Court first noted the general proposition that: [a] person is seized by the police and thus entitled to challenge the government's action under the Fourth Amendment when the officer, by means of physical force or show of authority, terminates or restrains his freedom of movement, Florida v. Bostick, 501 U.S. 429, 434 (1991) (quoting Terry v. Ohio, 392 U.S. 1, 19 n.16 (1968)), through means intentionally applied, Brower v. County of Inyo, 489 U.S. 593, 597 (1989) (emphasis in original). Because the battery claim against Deputy Dunn is dismissed, Count X against the Sheriff - based on a theory of vicarious liability - will also be dismissed, with leave to amend. 2015). See Presley, 204 So. Weighing the competing interests, the Court first stated: We think it too plain for argument that the State's proffered justificationthe safety of the officeris both legitimate and weighty. Pricing; . It is important that officers understand when that "Rodriguez moment . Instead, when Wilson exited the vehicle, crack cocaine fell to the ground. ARGUMENT IN SUPPORT OF THIS COURT'S JURISDICTION I. I'm not required to identify myself." It's a sentence that would put Andre Roxx behind bars in 2018 on a night that started off with excitement. State v. Jacoby, 907 So. However, in 1999, the Florida Fourth District Court of Appeal decided a case called Wilson v. State, which held that officers could not order passengers to remain inside a vehicle during a traffic stop. 2019 Updates. 3d at 88 (quoting Aguiar, 199 So. (citing Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)). This page contains significant/relevant cases that were incorporated into annual LEGAL UPDATES training. The motion challenges the authority of a law enforcement officer to search the belongings of a vehicle passenger upon obtaining the consent of the driver. Please try again. 5.. Select trial court orders available (from Westlaw home page, select State materials > Florida > Trial Court Orders). To justify a patdown of the driver or a passenger during a traffic stop, however, just as in the case of a pedestrian reasonably suspected of criminal activity, the police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous. Id. The LIC has a set of the entire Florida Digest and of the Florida Digest 2d through the end of 2018, but no longer subscribes to this publication. In the motion, Sheriff Nocco argues that he is entitled to dismissal of Count IX because Plaintiff has failed to sufficiently allege a duty of care and damages. Identifying information varies, but typically includes. See, e.g., id. 2d 292, you can go directly to an applicable print resource listed above and find the case. While Plaintiff was in the police car, law enforcement officers brought a dog to sniff the outside and claim that the dog "alerted" on the passenger side door. Servs., 436 U.S. 658, 690-91 (1978). Id.at 248-50 (Nugent, J., dissenting). A traffic stop occurs when law enforcement pulls a vehicle over for committing a traffic infraction. The Court explained that: Terry established the legitimacy of an investigatory stop in situations where [the police] may lack probable cause for an arrest. [392 U.S. at 24]. 4.. U.S. v. Landeros, 913 F.3d 862 (9th Cir. On April 4, 2008 the United States Court of Appeals considered a civil rights claim filed against an officer who demanded identification from a passenger on a motor vehicle stop, and arrested the passenger when he refused to comply with the officer's demand. Corp. v. Twombly, 550 U.S. 544, 555 (2007). In concluding the trial court properly denied suppression, the Supreme Court expressed that most traffic stops resemble, in duration and atmosphere, the kind of brief detention authorized in Terry. Id. College, 77 F.3d 364, 366 (11th Cir. We must not pretend that the countless people who are routinely targeted by police are isolated. They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. 232, 233 (M.D. 2d 1285, 1301 (M.D. 3d at 926). By Mark Hanna. Presley, 204 So. The opinion by a three-judge panel of the 9th Circuit . by and through Perez v. Collier Cty., 145 F. Supp. at 253 n.2. The Supreme Court then distinguished the dog sniff as a measure directed at detecting evidence of criminal wrongdoingsomething which is not an ordinary incident of a traffic stop, or part of the officer's traffic mission. The police have already lawfully decided that the driver shall be briefly detained; the only question is whether he shall spend that period sitting in the driver's seat of his car or standing alongside it. In this case, the majority announces a bright-line rule for cases involving a routine traffic stop but then explains how the facts of this case were anything but routine. . After running a records check on the driver, Rodriguez, the officer requested the license of the passenger. Id. Therefore, the Court finds that, under the well-pled facts of the complaint, Plaintiff had a legal right to refuse to provide his identification to Deputy Dunn. Presley and the driver were standing outside of the vehicle. Florida . 2d 1107 (Fla. 4th DCA 1999). Fla. Nov. 2, 2015). See Twilegar, 42 So. In Barr, two Pennsylvania State Troopers, in full uniform and in a marked vehicle, observed Barr's vehicle . Presley, 204 So. The motion to dismiss is denied as to this ground. However, each state has laws on the issue called "stop and identify" statutes. Rice, 483 F.3d 1079, 1084 (10th Cir.2007) ("[B]ecause passengers present a risk to officer safety equal to the risk presented by the driver, an officer may ask for identification from passengers and run background checks on them as well.") (citing Wilson, 519 U.S. at 413-414, 117 S.Ct. While Rule 8(a) does not demand "detailed factual allegations," it does require "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id. In Johnson, the Supreme Court reiterated that the weighty interest in officer safety applies regardless of whether the occupant of the vehicle is a driver or a passenger, and the motivation of a passenger to employ violence to prevent apprehension for a more serious crime is every bit as great as that of the driver. 555 U.S. at 331-32 (quoting Maryland v. Wilson, 519 U.S. at 413-14). 13-CIV-23013-GAYLES, 2016 WL 9446132, at *3 (S.D. The Supreme Court then traced its precedentfirst Mimms, then Maryland v. Wilson, then Brendlinto conclude that a vehicle driver or any passenger may be subjected to a patdown when there is reasonable suspicion to believe he is armed and dangerous. Although Plaintiff generally alleges that the Sheriff owed him a "duty of care," the nature of the duty is vague and unclear. The Supreme Court in Johnson further concluded that [a]n officer's inquiries into matters unrelated to the justification for the traffic stop do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the stop's duration. See Presley, 204 So. . Is the passenger detained and not free to leave during a traffic stop, just as the driver is detained? at 1288. See, e.g., W.E.B. The Court agrees. (Doc. 882). The stop was certainly justifiable based on the traffic violations, but there was no reasonable suspicion to otherwise justify the continued interrogation. For Florida state court decisions, the original digest is called the Florida Digest, and it indexes decisions from the Florida Supreme Court between 1846 and 1935. 135 S. Ct. at 1612. 3d at 89. An officer noticed one of the two passengers, Johnson, wore colors consistent with gang membership and was in possession of a police scanner. 2d at 1289 ("While being subject to false arrest is embarrassing, it is not sufficiently extreme and outrageous absent some other grievous conduct."). Those arguments were not further discussed or elaborated upon in the memorandum, and the Court does not address them. Colorado . The Fourth District determined that: [A] command preventing an innocent passenger from leaving the scene of a traffic stop to continue on his independent way is a greater intrusion upon personal liberty than an order simply directing a passenger out of the vehicle. Based upon this analysis, the Supreme Court held that Brendlin was seized from the moment the vehicle stopped on the side of the road, and it was error for the trial court to conclude that seizure did not occur until the formal arrest. That's all. After a background check revealed Presley was on drug offender probation with the special condition that he not consume alcohol, Presley was arrested for the violation of probation. 3d 95, 106 (Fla. 2017) (holding that officers may temporarily detain passengers during reasonable duration of traffic stop). 12/27/2019 - 20-01: Warrantless Search of a hotel room was lawful where even though the occupant did not provide express consent for the search, his actions and nonverbal communication supplied implied consent. Am. Regardless, I agree that under the specific facts of this case, id. 434 U.S. at 108-09. Florida CAN and DOES require those who are performing certain licensed activities and are reasonably suspected of a violation of that licensing agreement to display and. 2007)). To be clear, the Florida Supreme Court did not give law enforcement carte blanche to detain passengers without suspected wrongdoing indefinitely. at 415 n.3. 2550 SW 76th St #150. - Gainesville office. In Brendlin, a unanimous Supreme Court held that a traffic stop seizes both driver and passengers for Fourth Amendment purposes, such that a passenger may challenge the constitutionality of the stop. At the time of their arrival, Officer Jallad and a second officer were dealing with that passenger, who was in handcuffs and behaving belligerently. However, "[a] police officer who arrests a suspect but does not make the decision of whether or not to prosecute cannot be liable for malicious prosecution under 1983." Artubel v. Colonial Bank Group, Inc., No. In his complaint, Plaintiff has alleged facts showing that Deputy Dunn lacked probable cause to arrest him for obstruction without violence. Detention is permissible for this limited period of time because it allows law enforcement officers to safely do their jobaccomplishing the mission of the stopand not be at risk due to potential violence from passengers or other vehicles on the roadway. Once contraband is viewed in plain sight the stop is no longer a traffic stop. 555 U.S. at 327. at 232 (citing Saucier v. Katz, 533 U.S. 194 (2001)); Corbitt, 929 F.3d at 1311. Eiras v. Baker, No. The First District Court of Appeal affirmed, holding that an officer may, as a matter of course, detain a passenger during a lawful traffic stop without violating the passenger's Fourth Amendment rights. Presley, 204 So. At the request of law enforcement, Plaintiff's father identified Plaintiff as his son and provided Plaintiff's name to the officers. The only change in their circumstances which will result from ordering them out of the car is that they will be outside of, rather than inside of, the stopped car. Id. 3d 920 (Fla. 5th DCA 2016), the traffic stop was for a faulty taillight and running a stop sign. See id. Whatcom County Sheriff's Deputy Keith Linderman talks to the driver of a car he pulled over for speeding on Loomis Trail Road on Nov. 1, 2010. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution. We know when the police can ask for your ID and when they can't. That's our job. These include stalking, domestic violence, sexual violence, dating violence, and repeat violence cases. Further, although this traffic stop may have lasted longer than a routine, uneventful stop, it was prolonged not by law enforcement, but by the fact that one of the passengers exited the vehicle and attempted to leave. This matter is before the Court on the "Motion to Dismiss the Complaint by Defendants Deputy Dunn and Sheriff with Supporting Memorandum of Law," filed on July 23, 2020. The Supreme Court also explained that because the passenger is already stopped, the additional intrusion on the passenger is minimal. Id. At the time of the incident, Plaintiff was a passenger in a vehicle driven by his father. When analyzing a battery claim based on excessive force, a court considers "whether the amount of force used was reasonable under the circumstances." Plaintiff alleges that each of the officers at the scene incorrectly believed that Plaintiff could be arrested for failing to provide identification even though there was no legal basis to demand such identification since he was only a passenger in the vehicle and was not suspected of criminal activity. Consequently, the motion to dismiss is due to be granted as to this ground. 8:08-cv-179-T-23MAP, 2008 WL 3411785, at *9 (M.D. On the personal liberty side, the case for passengers is stronger than that for the driver in the sense that there is probable cause to believe that the driver has committed a minor vehicular offense, see id., at 110, 98 S.Ct., at 333, but there is no such reason to stop or detain passengers. 2d 1279, 1286 (M.D. In this case, Plaintiff has failed to sufficiently allege facts to demonstrate that the level of force used was unreasonable under the circumstances. 1994)). Presley, 204 So. 2d 46, 47 (Fla. 3d DCA 1996)); see also Prescott v. Oakley, No. In two cases arising from Florida drug interdiction inspections, the U.S. Supreme Court said that when officers boarded buses during scheduled stops and asked passengers for consent to search, the passengers had not necessarily been detained, because the officers had done nothing that would have communicated to a reasonable innocent person that he or she was not at liberty to ignore the police . Once there is activity that raises any Terry issue, no problem with IDing passengers. When deciding a Rule 12(b)(6) motion, review is generally limited to the four corners of the complaint. 2020 Updates. Yes, a passenger has rights during a traffic stop. Trooper Steve said not all TV shows are set in Florida, so they may not present what's lawful in the Sunshine State. at 234 n.5. at 415 n.3. Id. University of Florida Levin College of Law Courts in other jurisdictions have specifically held that law enforcement officers may not require passengers to provide identification during traffic stops, absent reasonable suspicion of criminal activity. Indeed, it appears that a significant percentage of murders of police officers occurs when the officers are making traffic stops. Id. After being indicted in federal court, Rodriguez moved to suppress the evidence on the ground that the officer who initiated the stop prolonged it without reasonable suspicion in order to conduct the dog sniff. In order to survive a motion to dismiss, factual allegations must be sufficient "to state a claim to relief that is plausible on its face." As reflected by Rodriguez, however, the length of detention during a traffic stop is not subject to the unfettered discretion of law enforcement. During a routine traffic stop, this is the length of time necessary for law enforcement to check the driver license, the vehicle registration, and the proof of insurance; to determine whether there are outstanding warrants; to write any citation or warning; to return the documents; and to issue the warning or citation. 309 Village Drive Whatever the letter of the law might say, the defendant was not free to leave the scene of the traffic stop just because the police . U.S. Const. 2008). June 5, 2018. I also fully appreciate that officer safety is a reason the United States Supreme Court has concluded that the Fourth Amendment permits law enforcement officers to order passengers out of a vehicle. Majority op. Whether the conduct is sufficiently outrageous - that is to say, goes beyond all "bounds of decency" and is to be regarded as "odious and utterly intolerable in a civilized community" - is not a question of fact but rather a matter of law to be determined by the court. An officer's inquiries into matters unrelated to the justification for the traffic stop, this Court has made plain, do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop. To the extent that Plaintiff alleges his Fourteenth Amendment rights were violated during his arrest, the Court finds that he cannot state a claim for relief because he was not a pretrial detainee at the time the arrest occurred. However, a handful of states have rejected the Mimms/Wilson rule on . As a result, the Supreme Court stated, The question which Maryland wishes answered is not presented by this case, and we express no opinion upon it. Id. I, 12, Fla. A special condition of the probation provided, You will abstain entirely from the use of alcohol and/or illegal drugs, and you will not associate with anyone who is illegally using drugs or consuming alcohol.. Passengers do not need to hand over their identification during traffic stops, the Ninth Circuit US Court of Appeals on Friday. In response to the officer's questions, Johnson provided his name and date of birth, and he volunteered the city he was fromwhich the officer knew was home to a Crips gang. Count IV is dismissed with prejudice, with no leave to amend. . This fee cannot be waived. GREGORY PRESLEY, Petitioner, v. STATE OF FLORIDA, Respondent. at 570. Deputy Dunn told Plaintiff that under Florida law, Plaintiff was required to identify himself, and that if he did not do so, Deputy Dunn would remove him from the vehicle and arrest him for resisting. I then asked what for and the officer asked again.I then said I am not the driver and have violated no law.he then told me he can identify anybody in a vehicle and asked my name again.I refused he then opened my door pulled me out and cuffed me and and took my wallet out of my pocket and .

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