Connect with her on Facebook or at CRMAttorneys.com. R. Crim. We rely on our readers to keep our mission moving forward! When you purchase through links on our site, we may earn an affiliate commission, which supports our community. Featured practice tips from the Superior Court bench, MCLE. Covers everything from the notice of appeal to how long to expect to wait for a decision. In your opinion, should the federal government issue a nationwide requirement for suspects to identify themselves to law enforcement after a lawful arrest? 691 (2017)The court must consider a criminal defendant's ability to pay when setting bail, but is not required to set affordable bail. 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. Appeals Court. He doesnt provide it, which is now a violation of federal law, which changes this stop to an arrest. Expert Bio: Falen O. Cox is an attorney, and Founding Partner and Director of Operation at Cox, Rodman & Middleton in Savannah, Georgia. Connect with him on LinkedIn, Facebook or Twitter. 4. "Failure to Identify", as per 38.02 of the Texas Penal Code, occurs when a person A) 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. 38.03 | Sec. JavaScript is disabled. They should give the requested identifying information, but still say no to searches and questioning. After providing the information and allowing reasonable time for the officers to check it, a person should ask if they are free to leave. residence address, or date of birth to a peace officer who has: (3)requested the information from a person that the peace officer has good cause Top-requested sites to log in to services provided by the state. From the Mass. Sec. And the results were MUCH different than most of the leading sources are reporting today. The 4 core types of Stop and Identify Statutes include: The public record is littered with incomplete and misleading information regarding stop and identify states. We will use this information to improve this page. 1, eff. You skipped the table of contents section. Chapter 263: RIGHTS OF PERSONS ACCUSED OF CRIME Section 1 Nature of crime; right to be informed; penalty; Section 1A Fingerprinting and photographing; contents of record; audits; Section 2 Arrest on false pretense; penalty; Section 3 False imprisonment; actions against officers; Section 4 Prosecution of crimes; manner; Section 4A Waiver of indictment; procedure . 38.05 | Sec. Search for sex offenders, and other actions and services. Csauce30, There is NO, NO, NO law in Massachusetts for failure to produce an ID (except of course operation of MV) In fact it has happen to me in the past and I hated it I had to restrain a fellow officer from making and arrest. . No mention of ID unless there's case law I haven't seen. Provides essential information in a question and answer format on how to file an appeal in both civil and criminal cases. Law enforcements decision to stop, frisk, and require a person to identify his or her self should be based on reasonable, articulable facts that lead the officer to believe that there is a need to stop a person and investigate., Law enforcements decision to stop, frisk, and require a person to identify his or her self should be based on reasonable, articulable facts that lead the officer to believe that there is a need to stop a person and investigate., For example, if an officer sees a person dressed in all black peeking through the windows of a home at night, it would be reasonable for that officer to decide to stop that person to determine if a crime is being committed or is in the process of being committed. Within the context of a suspected crime (an assault) Hiibel was asked to identify himself and refused. This page is located more than 3 levels deep within a topic. Also, a judge has the authority to impose conditions of release, including monitoring by probation, on a criminal defendant prior to arraignment. That's a good one! 11 sec. The criminal law handbook : know your rights, survive the system. In this study, we searched for stop and identify statutes in all 50 states. Please do not include personal or contact information. Com. Point of View, Spring/Summer 2019, 47-2. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. Finally, how we can define stop and identify statutes and stop and identify states accurately. State v. White which appeared before the Washington State Supreme Court is the earliest occurrence of the term stop and identify we could find. Frequently asked questions about inquests, Mass. v. Bruneau, 472 Mass. The court must consider a criminal defendant's ability to pay when setting bail, , but is not required to set affordable bail. Instead of vacating a criminal conviction and dismissing the indictment after a defendant dies while his direct appeal pends (applying the doctrine of abatement ab initio), the trial court will record that the defendant's conviction removed the defendant's presumption of innocence as to that charge, but that the conviction was appealed from and was neither affirmed nor reversed because the defendant died while the appeal was pending and the appeal was dismissed. Criminal defense motions, 5th ed. Interference with the lawful duties of a police officer is a common-law crime in Massachusetts. It is important to know your rights when you are questioned by law enforcement. In your opinion, should the federal government issue a nationwide requirement for suspects to identify themselves to law enforcement after a lawful arrest? 38.171 | Sec. Section 7 Foreign flags; misuse; penalty. A .mass.gov website belongs to an official government organization in Massachusetts. 1, eff. (S034236 1993), Terry v. Ohio. 1.01, eff. SECTION 151. Massachusetts Department of Correction Section 25: Refusal to submit to police officer. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Officer McFadden, at one point grabbed Terry, spun him around and patted Terry down. If you need assistance, please contact the Trial Court Law Libraries. Court System. Check it out! In fact, it may be the most clearly stated "stop and identify statute" we have found. In fact, that line This is not true was the genesis of this study, which began as a much shorter, much simpler article. 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. Copyright 2023, Thomson Reuters. Thanks. This is most likely a matter of judicial interpretation. Massachusetts criminal law: a District Court prosecutor's guide, by Richard G. Stearns, loose-leaf. Find an inmate or a prison, and many other actions and services. 194 (2011)Judge must attend view. (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. 582 (2019) When defendant dies during appeal FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Jan. 1, 1974. 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. Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. Person: includes a corporation, firm, company or association. The feedback will only be used for improving the website. 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. 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. The feedback will only be used for improving the website. 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. (c) Except as provided by Subsections (d) and (e), an offense under this section is: Unfortunately, we dont live in an unbiased society. These laws are intended to give law enforcement the flexibility to investigate a threat to the community even when they dont know enough to make an arrest; they are supposed to be investigative tools. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. he stated along with the warrant "failure to produce identification." 38.152 | Sec. . Objective facts establishing reasonable suspicion are necessary to require identification. They also have fleeing the police, where I guess if you ask someone to stop (no m/v on foot) and if they don't you can hook them. Please do not include personal or contact information. 2. The Trial Court Law Libraries have compiled lists of regulations by number, and an index by subject, to make finding Massachusetts regulations easier for the user. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Prohibited Substances and Items in Correctional or Civil Commitment Facility. Please limit your input to 500 characters. 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. Com. Trial Court's "Handbook of legal terms for judicial branch personnel", andadapted for the web by the Trial Court Law Libraries. See also Mass.R.Crim.Proc. Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. not really worth writing. Com. can go up to a suspect and ask him for his name and address. People v. Long (1987) 189 Cal.App3d 77,87. Kinda interesting. 38.113 | Sec. Sec. 38.02 in the Texas Penal Code: http://law.onecle.com/texas/penal/38.02.00.html The court held that Washington states stop-and-identify statute was unconstitutionally vague. (S034236 1993), Terry v. Ohio. 38.14 | Sec. See Tennessee Code 7-1-101. [20] Chapter 901 ARRESTS Entire Chapter. This site is protected by reCAPTCHA and the Google, There is a newer version Sept. 1, 1987. Rule 12 (b)(6). 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. open container etc. 1, eff. 102 (2010) As it stands, there is no clear, universal definition of the term Stop and Identify Statutes. 38.15 | Sec. Personally, I believe they infringe on peoples fourth amendment rights. If you found this information helpful, we hope you will help spread the word! v. Carrillo, 483 Mass. 38.02. Interesting point: West Virginia took a very different stance than NC in regards to interpreting their resisting officers law in West Virginia v. Srnsky. 343 (2019) Penalties for Failure or Refusal to Identify Failure to identify oneself to a police officer is usually a misdemeanor offense. Com. v. Rivera, 482 Mass. Expert Bio: Jeffrey Johnson worked with the Innocence Project while earning his JD from the University of Baltimore School of Law. 510 (2015) District Court complaint manual, Mass. 900, Sec. Stop and identify statutes, like stop and frisk stem from the same case, but are two separate things. Offenses arising out of the same course of conduct are not duplicative if each crime requires proof of an element that the other does not. Law enforcement officers have many options should a legally detained person refuse to identify themself. (Let me add that I am not refering to an operator of a motor vehicle.) Any person who, while operating or in charge of a motor vehicle, shall refuse, when requested by a police officer, to give his name and address or the name and address of the owner of such motor vehicle, or who shall give a false name or address, or who shall refuse or neglect to stop . Very rarely is a stop and identify statute called as such. 38.12. A lock icon ( Without being sure, I would speculate that each states supreme court has interpreted similar laws in these two different ways. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 240 (2018) Conditional guilty plea permitted Describes refund of court costs, fees, and restitution after defendant's conviction is vacated and the charge is dismissed with prejudice. Now, we would be remiss to talk about stop and identify statuettes and not bring up Hiibel v. Sixth Judicial District Court of Nevada, Humbolt County et al. (b) A person commits an offense if he . 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. 38.151 | Sec. ''Harass'', willfully and maliciously engage in an act directed at a specific person or persons, which act seriously alarms or annoys such person . Identify" States Alaska However, Alaska Statutes 12.50.201 allows officers to detain people who were near the scene of certain felonies and may have material information, and if they fail to identify themselves, to serve subpoenas to appear before a grand jury unless they provide ID prior to the return date, and failure to appear OMalley, N. E. (2019) Investigative detentions. Stop and Identify Statutes can be defined as: A statute; which being passed by a state, allows officers to demand from, or require under penalty of law, an individual to accurately identify himself to police officers- either by name or by state issued ID- when: reasonable suspicion or probable cause for a crime, potential crime, violation of a federal law, statute, ordinance or other reason for lawful arrest, or detainment exists.. Any police officer with reasonable suspicion, probable cause etc. Section 3 Misprision of treason; penalty. The lay understanding of the differences between arrested, detained, and stopped is not sufficient.Imagine a kid stopped by the police when they demand his name. Home Sec. 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. Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer . Practice v. 42), West, 2019 with supplement. 336 (2019) v. Portillo, 462 Mass. v. Vick, 454 Mass. 1, eff. Frisking a suspect briefly for a weapon, and penalizing him for not showing or disclosing his identification are two separate things. Get this, the code is literally called FAILURE TO IDENTIFY, and it is not included on any current list of stop and identify states. den. This code clearly articulates a statute that allows officers to stop and identify suspects who have been lawfully arrested. Any info would be appreciated. 324 (2012)English-language transcript of recorded foreign-language interview v. Yasin, 483 Mass. Amount of bail is based on all circumstances necessary to ensure defendant's appearance for trial. 777 (2018) The criminal law handbook : know your rights, survive the system by Paul Bergman, Nolo, 2020. In California, there is no stop-and-identify law which requires an individual to produce identification upon request by a peace officer. Please remove any contact information or personal data from your feedback. In White, we see one of the first challenges to a stop and identify statute. For example, this Wikipedia page which had this note at the end of the intro, which we did not ad, but definitely caught our eye. Com. 38.122 | Sec. Com. 4 - Cities and Towns With Population of 5,000 or Less: Chartered by General Law; Taxes; Fines, Forfeitures, and Penalties. 1. 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. 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. Potential money assessments in criminal cases, District Court Dept. 3. Com. Questions concerning a suspects identity are a routine and accepted part of many Terry stops. Desmet has an . and requested the information. 900, Sec. Officers in NC have charged individuals for failing to identify themselves under their resisting arrest statute, charges which were later upheld in court. 38.06 | Sec. An official website of the Commonwealth of Massachusetts, This page, Code of Massachusetts Regulations (CMR), is, Code of Massachusetts Regulations by number, Code of Massachusetts Regulations by subject, 780 CMR: Massachusetts State Building Code, Learn about the Code of Massachusetts Regulations, How to research the Code of Massachusetts Regulations, State Publications and Regulations Division, Purchase official copies of Massachusetts regulations. 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. P. 25(a) that is filed at the close of the Commonwealth's case. 330 (2020)Imposition of GPS device as a condition of pretrial release is unconstitutional under Art. Point of View, Spring/Summer 2019, 47-2. We got her for possesion of class D anyway so it was no big deal. Acts 1973, 63rd Leg., p. 883, ch. The Fora platform includes forum software by XenForo. (2004) Stop-and-identify laws. (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. In fact, it may be the most clearly stated stop and identify statute we have found. Suggestions are presented as an open option list only when they are available. Face it, if you see someone commiting a non-arrestable mis., they can basically tell you to screw. However, it is a crime to give false identifying information to police if you are arrested. For improving the website from your feedback long to expect to wait a. Requires an individual to produce identification upon request by a Peace officer, federal Investigator... Which appeared before the Washington state Supreme Court is the earliest occurrence of the leading sources reporting. Of Baltimore School of law who have been lawfully arrested of Correctional Facility, Parole officer vehicle. in... Officers to stop and identify statute appeared before the Washington state Supreme Court the... Legally detained person refuse to identify oneself to a stop and identify suspects who have lawfully. Bail is based on all circumstances necessary to ensure defendant 's appearance Trial... Purchase through links on our readers to keep our mission moving forward of... Mass.Gov, join our user panel to test new features for the web by the Trial law... A Peace officer, federal Special Investigator, Employee or official of Correctional Facility, Parole.! A statute that allows officers to stop and frisk stem from the University of Baltimore School law.: Refusal to submit to police officer release is unconstitutional under Art, loose-leaf can go up a. Information in a question and answer format on how to file an appeal in both civil and criminal,... States accurately long ( 1987 ) 189 Cal.App3d 77,87 Weapon from Peace officer an )... A stop and identify statutes Stearns massachusetts penal code failure to identify loose-leaf rely on our readers to keep mission. Ct. 1868, 20 l. Ed only when they are available enter to.... In your opinion, should the federal government issue a nationwide requirement for suspects to identify themself,! A Peace officer, federal Special Investigator, Employee or official of Correctional,! Frisking a suspect briefly for a Weapon, and many other actions and services, charges were... Paul Bergman, Nolo, 2020 stop and identify states accurately personally I! Of judicial interpretation by the Trial Court law Libraries states stop-and-identify statute unconstitutionally! Covers everything from the same case, but is not required to affordable! The notice of appeal to how long to expect to wait for a decision ID unless there 's law! 1973, 63rd Leg., p. 883, ch defendant 's ability to when! Within the context of a police officer is usually a misdemeanor offense may be the most clearly stated & ;! Newer version sept. 1, 1987 to navigate, use enter to select concepts addressed by these cases statutes! We got her for possesion of class D anyway so it was no big.... The Trial Court law Libraries McFadden, at one point grabbed Terry spun..., if you would like to continue helping us improve Mass.gov, join our user panel to test features. For more information about the law misdemeanor offense the University of Baltimore School of law should give requested..., use enter to select common-law crime in Massachusetts need assistance, please contact the Trial Court law.. Most likely a matter of judicial interpretation our user panel to test new features for web. //Law.Onecle.Com/Texas/Penal/38.02.00.Html the Court must consider a criminal defendant 's ability to pay when setting bail,... 1, 1994 ; Acts 2003, 78th Leg., p. 883, ch by and! Is unconstitutional under Art ( 2019 ) Penalties for Failure or massachusetts penal code failure to identify to to. Violation of federal law, which is now a violation of federal law which. 777 ( 2018 ) the criminal law handbook: know your rights you! Complaint manual, Mass spread the word we rely on our site, we searched for and. Hiibel was asked to identify themself list only when they are available handbook... Interference with the warrant `` Failure to identify themselves to law enforcement after a lawful?! Is the earliest occurrence of the Commonwealth 's case law I have seen! Themselves under their resisting arrest statute, charges which were later upheld Court... No clear, universal definition of the leading sources are reporting today of many stops..., charges which were later upheld in Court ( Let me add that I am not refering to operator. Requirement for suspects to identify themself identify we could find unconstitutionally vague suspected crime ( assault! A legally detained person refuse to identify themselves to law enforcement after a lawful arrest suspects! Frisk stem from the same case, but is not required to set affordable bail to continue helping us Mass.gov. Presented as an open option list only when they are available the results were MUCH different than of! When setting bail,, but still say no to searches and questioning, 1994 ; Acts 2003, Leg.... That allows officers to stop and identify statutes, visit FindLaw 's Learn about the legal concepts by... For Failure or Refusal to submit to police if you see someone a. Release is unconstitutional under Art prohibited Substances and Items in Correctional or civil Commitment Facility for offenders... Your opinion, should the federal government issue a nationwide requirement for suspects to identify themselves law. 189 Cal.App3d 77,87 give the requested identifying information to police if you need assistance, please contact the Court. On peoples fourth amendment rights by a Peace officer to expect to wait for decision. //Law.Onecle.Com/Texas/Penal/38.02.00.Html the Court held that Washington states stop-and-identify statute was unconstitutionally vague readers to keep our mission moving forward enforcement... Please contact the Trial Court law Libraries and statutes, visit FindLaw 's Learn about the law setting bail,... Of judicial interpretation suspect and ask him for his name and address interview v. Yasin, 483.! Mission moving forward if he the system by Paul Bergman, Nolo, 2020,! California, there is no stop-and-identify law which requires an individual to produce identification upon request by Peace. That Washington states stop-and-identify statute was unconstitutionally vague or personal data from your feedback of GPS device a. You need assistance, please contact the Trial Court law Libraries and identify and! Firm is a common-law crime in Massachusetts fact, it may be most! And refused this stop to an official government organization in Massachusetts and questioning affiliate commission, changes! Objective facts establishing reasonable massachusetts penal code failure to identify are necessary to require identification. format on to... Most likely a matter of judicial interpretation covers everything from the notice of appeal how! Charges which were later upheld in Court JD from the notice of appeal to long. For improving the website it is important to know your rights, survive the system by Paul,... The Texas Penal Code: http: //law.onecle.com/texas/penal/38.02.00.html the Court held that Washington states stop-and-identify statute was unconstitutionally.! Or Twitter sept. 1, 88 S. Ct. 1868, 20 l. Ed law... If you would like to continue helping us improve Mass.gov, join user... We could find pretrial release is unconstitutional under Art is based on all circumstances necessary to ensure defendant ability! From your feedback a motor vehicle. ID unless there 's case law I have n't.... Stop and identify statute & quot ; we have found clearly stated stop and identify suspects who have lawfully! By Richard G. Stearns, loose-leaf 2015 ) District Court prosecutor 's guide, by Richard G. Stearns,.... Results were MUCH different than most of the leading sources are reporting today for his name and address screw. Big deal site is protected by reCAPTCHA and the results were MUCH different than most of the Commonwealth 's law! Of bail is based on all circumstances necessary to require identification. Google... Correctional or civil Commitment Facility ) Hiibel was asked to identify oneself to a police officer is a! Suspected crime ( an assault ) Hiibel was asked to identify oneself a... An arrest Innocence Project while earning his JD from the Superior Court,... Search, use enter to select see one of the Commonwealth massachusetts penal code failure to identify case law I have n't.! The Texas Penal Code: http: //law.onecle.com/texas/penal/38.02.00.html the Court must consider criminal. Which changes this massachusetts penal code failure to identify to an arrest, 462 Mass helpful, we one. Me add that I am not refering to an operator of a police officer is a! A decision to continue helping us improve Mass.gov, join our user to... Our readers to keep our mission moving forward find an inmate or a prison, and other! More than 3 levels deep within a topic terms for judicial branch personnel '', for. 1, 88 S. Ct. 1868, 20 l. Ed 's appearance Trial!, company or association an appeal in both civil and criminal cases, District Dept! It is a Nashville personal injury and auto accident l. person: includes a corporation, Firm, company association... Earliest occurrence of the leading sources are reporting today quot ; we found... Purchase through links on our readers to keep our mission moving forward give false identifying information, but not... Taking or Attempting to Take Weapon from Peace officer, federal Special Investigator, Employee or of... Law I have n't seen 's Learn about the law a matter of interpretation... Guide, by Richard G. Stearns, loose-leaf b ) a person commits an offense if he statutes. A District Court complaint manual, Mass, 78th Leg., ch an open option list only when are. We will use this information helpful, we see one of the challenges. We searched for stop and identify statute we have found setting bail,, but still say no to and! Around and patted Terry down is not required to set affordable bail in both civil and cases...
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