Citizens have constitutional rights to record police in public spaces (First Amendment), refuse identification during civil ordinance violations (Fourth Amendment), and request accommodations for medical conditions (ADA), and police must articulate reasonable suspicion to justify detention; these rights are often violated when officers escalate situations over cameras or mask requirements without proper legal basis.
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No Crime. No ID. Cops Still Tried To DETAIN Him #idrefusal #copownedAdded:
I can't put the camera.
>> Stop talking to me, man. Go somewhere else. Go do your job. Go do your job, bro. Get out of here, man. Get the [ __ ] out of here. Talk to me.
>> We got to go where you got to block off at. We're past.
>> [ __ ] out of here, man.
>> We're not in your perimeter.
>> Now you Now you want to talk now. Now you can talk now. Now Now you're Now, now you don't have your LT over here talking. Now you going to talk.
>> No, man. We not passing truck.
way back.
>> Ain't no problem. He He don't have any thoughts.
>> He don't have any original thoughts. He got to wait for LT to tell him what to think.
>> Miami, February 12th, 2019.
What started as a public filming encounter quickly escalated into a heated confrontation between an auditor and multiple police officers. As tensions rise, one question becomes unavoidable. Did the officers cross the line or did the citizen push too far?
>> Should we Should we be concerned? Is there danger?
Oh, should we be concerned if there are danger?
Guys, don't even tell if there are danger or not.
They would even tell if there's danger.
>> [laughter] >> What is that going to do?
>> Is that a shooter? Is that active shooter or something?
>> Investigate. I know, but I want to know if I'm safe on the sidewalk.
>> Is there a shooter?
>> Be safe on that side of the street.
>> Is there a shooter?
>> Be safe on that side of the street.
>> I didn't ask you that. Is there a shooter?
>> Welcome to Florida.
>> It ain't too dangerous. There's still people getting burgers.
I'm telling you.
>> Yeah, she told me they're getting burgers.
>> They're taking their time and groping stuff off the bus.
I'm >> good. I got you. I got you. I'm on I'm on 72. We can be out for a minute. I You can get charged up, too. What kind of What kind of cord?
>> I got I got I got a portable battery.
>> Okay. I have the cords in the car.
>> Yeah. Yeah. I I got a cord on me. Uh, if you go if you go to that camera over there. Yeah.
>> You'll see the battery in the center console and you'll see the cord in the in the in the cigarette lighter.
>> All right.
>> Or in the USB lighter.
>> Okay. What? What happened?
>> Huh?
>> What happened?
>> I don't know, man. I'm trying to find out myself.
>> Good thing you put on social media, but you >> put on social media with >> Oh, yeah. Yeah. Yeah. You don't know what happened?
>> I don't know. I don't know.
>> You don't know what happened?
>> I ain't saying I got to go.
>> Yeah. Yeah.
>> I don't see no tape.
>> Tape that [ __ ] off then. If it's active, take that [ __ ] off. Don't hate me. Get the [ __ ] out of. Don't talk to me, [ __ ] If that [ __ ] If that shit's active. HEY, DON'T TOUCH ME, [ __ ] DON'T [ __ ] TOUCH ME. DON'T [ __ ] HEY, DON'T TOUCH ME, [ __ ] DON'T TOUCH ME. GET OFF ME. GET OFF ME. GET THE [ __ ] OFF ME.
>> HEY, HELP. HELP. HELP. [screaming] HELP.
>> HELP. HELP. I HAVEN'T DONE NOTHING. GET AWAY FROM ME.
>> GET AWAY FROM ME. HELP. HELP.
HELP. HELP. [screaming] HELP. HELP ME. HELP ME, NICK. HELP ME, NICK. HELP ME. HELP ME. HELP ME. I'M NOT RESISTING. HELP ME. I'M NOT RESISTING.
I'm not resisting.
>> This incident touches on several constitutional issues, including the First Amendment right to record police in public and the Fourth Amendment protection against unlawful detention.
Police may establish a safety perimeter during active investigations, but citizens generally retain the right to film from a lawful public space. The citizen remained verbally confrontational while officers escalated to physical [music] detention after repeated conflict. Legal grading officers C++ citizen C. Both sides increase the tension instead of deescalating.
You can't bring in here.
>> No, no photography in here. Sign right over there, guys.
>> Sorry.
>> Where's the sign?
>> Photography.
>> You're going to need to turn off the camera, sir.
>> I can't do that. I'm here to conduct business with uh with this office and I have every right to document my business.
>> Not not inside. No cameras. What code is that? What are we're allowed?
>> Right there. It says right there. No cell phones. No statue behind you.
>> You need to go outside too because you're not allowed to be in here without a mask.
>> Close to me. Do you know outside without a mask?
>> You know what 6 ft is?
>> Sir, outside without a mask or we will detain you.
>> Sir, you need to go outside without a mask.
>> No. No. No. No.
>> So, is it because I have a mask or because of I have a camera?
>> Both.
>> Cuz I I have Look at this sign right here.
>> I have a medical condition that does not allow me to wear a mask >> and you have to wear a face.
>> The ordinance The ordinance says clearly that if you have a medical condition, there's an exemption for that. Are you aware of that, folks?
>> Outside, folks.
>> What's your name? Giving me orders.
What's your name?
>> Ma'am, what's your name?
>> Ma'am, identify yourself. What is your name?
>> Fairchild.
>> Do you have a badge number?
>> I'd like to submit a complaint on you.
So, I'd like to your serial number or anything that identifies you.
Yeah.
>> All righty.
>> So, you're going to violate my rights because I have a medical condition that will prevent me from wearing a mask.
>> I'm sorry. So, what was your name? I know you haven't really confronted, but what was your name?
>> Just for my records.
Yeah, because I did my taxes since April of last year and then it said took action >> have the rules and regulations on the wall which is funny because it's going to clearly state >> they have a rule for explosives on here.
>> All right, guys. So photographs right here. Photographs for news, advertisement or commercial purposes except where security regulations, rules, orders or directive supply or a federal court order of rules prohibited.
Persons entering in a federal property may take photographs of spaces occupied by the tenant agency for non-commercial purposes only with the permission of the copying agency to search. space occupied by a le tenant agency for commercial purposes only with the rent permission of the authorized office of the copy agency concerned with ac with buildings entrances lobbies foyers corridors or auditoriums for news purposes >> so everything else we need permission for >> right but we're here for news gathering news >> trying to gather information >> there you Don't touch your phone.
>> And then this lady here got super close to me.
>> She doesn't know the rules and regulations.
>> Don't have a mask. And she gets super close to me like trying to uh chest bump me.
>> Yeah. See in here? She yells about wearing a mask if it gets in your face.
Let's go over here.
See if we got any of the information that we were looking for.
>> This is the sign that they're pointing at.
>> Yeah, but there's no statute or ARS code or anything on it.
CFR or the ARS >> suggestion. It's more more for them.
They're the ones not allowed to be here.
>> Ma'am, I'd like to request a public record request. Is that done here or is that done through a different office?
>> I have no idea. I don't work for the IRS. So, all I can ask you is to stand behind the blue line over there. If she feels comfortable coming out and talking to you, she will.
If she feels comfortable coming out and talking to you, she will.
>> If she feels comfortable. I'm sorry.
>> So, she's gonna only serve me if she feels comfortable.
>> She can stay more than six feet away, wear her mask, and feel comfortable. But she has to serve me. I'm here to get served.
>> Sir, go stand over there on the blue line, and she'll talk to you if you want to stand with me.
>> I'm sorry. Who's Who's coming out? Can you tell me who's coming out?
>> We're going to call the dessert.
Okay.
>> The duress line.
>> So, that was her, I'm assuming, that doesn't want to serve me. So, if I wore my press badge in here, it would be different because I didn't have it on or because my camera's not $5,000. Is that what this is?
>> This is for news and information purposes. Ma'am, we are completely within the law. Have you not read >> right here?
>> Your actual rules and regulations on federal property right here.
>> Did you hear that, >> ma'am?
>> They just set off the alarm.
Phoenix, Arizona. March 12th, 2021. A First Amendment auditor walks into an IRS building to request public records and document the interaction. Within minutes, security threatens detention, refuses service, and triggers a buildingwide alarm. All over a camera and a mask dispute.
>> Wow. They just jumped 0 to 100.
They don't want to know their own policies, their own rules or law.
And if FPS comes in here and does anything unlawful or we get injured, we're going to hold >> that's going to fall on you right there, too. You're the one that call. All I All I wanted was service, ma'am. This is how you treat the public >> accountable for any injuries that may occur.
>> I have every right to document my encounter with my government. Every right. And this is for news and information purposes which is clearly marked on your rules and regulations right here on your wall.
Look at now that lady right there that if we get any kind of harm it's going to fall on you too right there and you too ma'am simply for simply for exercising my my constitutional rights.
I have a right to document my encounter with the government.
Thank you for your suggestions to not record but no thank you. I don't appreciate that.
Wow, this is ridiculous.
>> They said they they triggered the alarm.
>> They did.
>> This lady here triggered the alarm because we're here cuz we haven't even gone near there. We've not passed any of this from here.
>> Security yet.
>> We're in the public area >> where you can gather information.
>> All I wanted was some forms. That's all I wanted. But they want to make it a huge deal because I have a camera and their suggestions to not record are not valid clearly and their rules and regulations which are posted on the wall. You can clearly see that for news and information purposes this is completely >> post office like he mentions that exactly at the post office.
>> Oh yeah. I'm Yeah. I'm so sorry ma'am.
We're not We're not here for you guys.
>> Thank you.
>> Thank you. You have a blessed day. Okay.
>> Wind is super strong. Have a good day.
>> So, look at this lady calling.
started with the camera, but then when they realized they were wrong on that, they jumped to the mask issue.
>> I should have worn my mask just so that we would have had the difference. They would have been seen how I was treated versus you.
>> Mhm.
>> What?
>> Didn't think about I swept in the car and got out.
>> So used to living in a normal civilized society.
>> I know.
>> All right.
a lady. I'm I'm upset because hands on.
>> Yeah, she she wanted to go uh chest to chess.
>> That would have cost her a job.
>> This is how you guys treat the public, man. This is ridiculous.
Have every right to be here just like everyone else.
You guys all right in here?
You hear performance or >> no? Got the alarm going off.
>> Ah, folks here in compliance with building rules regulations or photographing and no matching.
>> Are you Are you Did you seriously just come ask them if we are okay?
>> No. The alarm's going off. I got no >> Yeah, they they they triggered it.
>> We have it on camera. Them triggered it.
>> Ask them why they triggered it.
>> What's going on?
>> The alarm was going off upstairs. I just came down.
Also, this just does the whole building all around, not even just the floor.
That's ridiculous.
That's ridiculous.
>> So this lady here, >> that's an abusive power.
>> You know about the exemption for people with medical conditions.
>> You guys just read the first sentence, huh? No mask.
>> And then here's your rules and regulations on photography right here.
>> You can see how you guys are really good at not reading stuff.
>> Have you not read the rules? Cuz we did.
>> What about you?
You got a highlighter. I'll highlight it for you and then you can really know the rules and regulations.
>> Yeah.
>> Instead of using powers and acting like tyrants.
>> She just feels powerful because she's in a federal building.
>> Oh, we got a DHS here, which is wonderful because DHS >> Oh, we got the butt gloves on. The DHS should note what the memo that they themselves in 2010 and 2018 re-released stating that we're able to record in four quarters, lobbies, and entrances.
They have a medical condition really. Gentlemen, you guys.
>> Sure.
>> What's your name and bad batch number?
Sir, we >> Are you going to hear one side of the story or you going to hear what really happened?
>> For news purposes, we're allowed to be here.
>> Yeah. I'm here to collect actually to conduct business with them as well. And I've not even been allowed to speak to anybody about my business. All they were the lady was very aggressive came and came up to here to me up to here chest bumping me. Okay. So, again, that's just one side of the story. They they triggered the alarm. We've not even been close to them. All I want was to be served as as I have the right to be and document my encounter with the government, which I have every right to, right? I'm here for news and information purposes. I'm here to collect some documents and so I have every right to do it. So, this is a violation of my constitutional rights if they refuse services. All because I'm not wearing a mask, which I clearly have a a right not to. The except there is exceptions not to wear a mask because I have I have a medical condition that causes me not to be able to wear that. I don't have to explain what the medical condition is, but I I'm I'm advising you that I have a medical condition that won't allow me to wear it. So, they're discriminated against me because I'm holding a camera because their suggestion on the wall says that you can't have a camera where the clearly the rules and regulations posted on their wall says that I can clearly record any corridors, forers, entrances, and lobbies for news and information purposes.
>> Correct. So, that's where we stand right now. So, the next move is on you whether you like to >> if you want to get service.
>> That's what I'm here to do.
>> Okay. They they they did not even allow me to to >> This incident involves First Amendment protections related to recording government employees in publicly accessible federal spaces along with ADA related mask accommodation disputes during the CO era. Federal regulations generally allow photography in entrances, lobbies, and corridors for news purposes unless specific security restrictions apply. Security personnel escalated the situation rapidly while officer Hogan later resolved the conflict through communication and policy clarification.
Legal grading security staff D+ auditor B minus officer Hogan A for deescalation agent with the FBI. Can I see some identification please?
>> I have the right to remain silent.
Can I see some identification, please?
Back away.
I want to see your identification, sir.
>> What crime do you suspect of of committing?
>> Pardon?
>> What crime do you suspect of suspect us of committing?
>> Free operational surveillance on our building.
>> What are you doing out here?
>> Filming from a public sidewalk.
>> I'd like to see some identification, please.
Call the PD. Okay.
>> Keep quiet. Don't say anything.
>> What's the purpose of filming this, gentlemen?
That's right. I'm a federal law enforcement officer. You're out here taking video and photos of our building in a secure environment. And I'd like to see some identification and ask you what's your purpose.
And why are you wearing a mask? Where you trying to hide your identification?
Cuz it's cold out.
>> It's not really that cold, is it?
>> Are you really still smoking a cigarette? I thought you would have finished it by now.
I already can't feel my [ __ ] hand.
Jesus.
say shiny badges don't grant extra rights.
>> Hey, if somebody was out filming in front of my house, I'd do the same thing. I'd ask them why are they there and what do they want?
Have I violated your rights in any way?
>> Nope. And hopefully we can keep it that way.
>> Why you're carrying a baton on you?
What's the baton for? Is that for >> self-defense?
It's not legal to carry >> an offensive weapon or a defensive weapon.
>> Oh, I use a defensively cuz I I uh I I don't like to carry guns because that's considered more of an offensive.
I consider this more of a defensive. So if someone attacks me, I can use it um >> defensively so I can possibly injure them enough to get away from the situation without resorting to lethal force.
>> Okay.
>> Ask any questions. I was just uh as far as who you are with. We're just curious if you guys are are looking for any information or need any help or anything like that.
>> Is there anything you guys possibly need from uh from us here?
>> Uh not really.
>> No. Okay. All right.
>> Just just doing a little bit of filming.
Fine.
>> You guys are more than welcome to film.
Thank you very much. Okay. If you guys have any questions, there's a website that you guys can contact us on.
>> Um, but uh, >> thank you. All right.
>> Okay. Thank you for not coming up slightly aggressive like >> Oh, no. I just wanted to make sure you guys are good. If you need any help, um, you know, you can come right here to our front door. We have a walk-in process if you want to talk to somebody here at the FBI. You're more welcome.
>> Really? I didn't.
>> Oh, yeah. Absolutely. Yep.
>> Yep. We have an agent on on standby here during the day business hours. Um, so if you guys need anything, uh, feel free to stop by and chat with us. Okay. I I actually legit didn't know that there was a walk-in thing. I thought it was awesome.
>> You can see information on our website.
It's It's really easy to find. So, thanks guys.
>> This encounter centers on First Amendment protections involving photography and recording in publicly accessible areas near government buildings. Federal agents may approach and ask questions when they believe suspicious activity is occurring, especially around sensitive facilities like FBI offices. However, absent reasonable suspicion of a crime, citizens generally are not required to identify themselves while filming from a lawful public sidewalk. Legal grading.
Initial agents B minus for professionalism, but weak legal basis for ID demand. Final agent A for deescalation and constitutional awareness. Auditors B+.
>> Hey, what's up here, man?
>> What's up?
>> Breaking uh city court ordinance.
>> How? I'm protesting.
>> City court ordinance more general too.
>> I'm protesting. You can't make a crime out of the First Amendment. What ordinance am I breaking?
>> Okay, you can look at it if you would like. Do you have any identification?
>> Well, what's the ordinance? I need to know the ordinance I'm committing first.
>> And what is that?
>> You have any identification?
>> What crime did I commit?
>> This is a civil.
>> This is civil. This is not criminal.
This is civil. Correct.
>> Is it civil or is it criminal?
>> Listen to what he's telling me. You violated city code ordinance 14-2 because of the use of the bullhorn.
Okay. You can stand out here and talk all you want and use your sign, do whatever you want, but you can't use the bullhorn. It's in the statute right here, 14-2. So, he's asking you for an ID. Do you have one or not?
>> I'm I have a question before I present any ID.
Is it a criminal offense or is it a civil offense?
>> It's a city code violation.
>> And that's is that civil or criminal?
That's a simple question. Civil.
>> Civil. Thank you. So, it's not criminal.
That means I've not committed a crime.
So, what is your reasonable cost of sufficient for the ID then?
>> Wait, didn't we talk on um when >> No, I've never talked to you.
>> No, not you then. That I don't know who it was. civily. Okay. It rules that you have to abate it, which means cease it.
>> Okay.
>> Correct.
>> So, if we have to come out here again, you're getting a $100 fine. And if you refuse to stop the bullhorn, you will be arrested for obstruction.
>> Obstruction?
>> Yes.
>> But it's protesting. You can't make >> No. CeCe. No. No. It'd be ceasing the orders.
>> We We We respect your protest, right?
>> Clearly not. But when the pro choices were out here, you didn't But give them this.
>> That's not true. I was not even here for that.
>> A bunch of Oh, y'all's chief was out here. Listen, Louis Davis, I believe.
>> Louis, >> how do you know my name?
>> Cuz I know you from 2 weeks ago when you were here or three.
>> I thought we didn't talk though.
>> I didn't talk. But I I I'm I'm paid to know people. Okay. So, I know who you are because we have to address complaints we receive.
>> So, if you know who I am, then why are you asking me for my ID?
>> Cuz I don't know who you are.
>> I don't remember your full name. I just remember somebody's first name. That's it. Okay. We respect your ability to protest. Clearly, >> we respect your sign. We respect that.
>> Okay. The the thing is when we get a complaint and the use of the bullhorn and then we witnessed it, we had to do it.
>> The pro-choices were out here two weeks ago at Bullhorn.
>> I can't address that, sir.
>> Oh, but you won't give them a noise ordinance when they were making a crap ton of noise. But I have to get addressed.
>> Well, do you understand the 13-2?
>> Well, why did So, this is malicious.
This is malicious.
>> Lewis, look, Google City of Ordinances.
Look that up and you'll see it.
>> It's clearly unconstitutional and con.
Do you have an ID on you or not?
>> What's the crime I committed?
>> What crime did I commit?
>> You do not have an ID on you.
>> I didn't say that. Don't put words in my mouth. What crime did I commit?
>> Are you going to provide an ID?
>> What crime did I commit? Answer me what crime I committed and I'll present an ID. If I if you can say at Florida statute that I have violated, which is a crime, >> you have violated.
>> It's civil. That's civil, correct, >> Louis? Okay. So is speeding. Okay.
>> That's that's that's a that's traffic is different from civil. Lewis, they're both civil. Okay. All right. All right.
We're done. Okay. Do you understand that the bullhorn is no longer allowed use?
Okay. If you want to fight it, fight in the code board. Okay. Once >> Oh, the kangaroo court, right?
>> It's up to you. All right. Have a good day. Confirm.
>> Nope. Cuz I didn't commit any crime.
>> Have a good day.
>> Committed no crime.
>> Hey, talk to you, buddy. I want to talk to you. Okay. And he can wait and I'll address him.
>> Lewis, we agree with good discord. Okay.
>> Clearly not. I have the right to protest.
>> Can you just listen to me? Okay. This has nothing to do with your sign or your your ability to protest.
>> Clearly it does cuz I'm using this as an instrument of protesting. True or not true?
>> No.
>> Am I So I'm not using this to protest.
I'm not using this to get my message right.
>> Okay. Okay. Unless you get a permit from the city for that. So, I have to have a permit to exercise the constitutional right.
>> No. To use a blowhorn to disrupt other people.
>> It's a protest. You cannot make a crime out of the First Amendment.
>> I'm not. It's a good one. Take it to the board.
>> I will be taking it to the board.
>> Okay.
>> [ __ ] pigs.
>> This incident involves First Amendment protest protections and the legal distinction between civil ordinance violations and criminal offenses. Police may enforce reasonable time, place, and manner restrictions, including local noise ordinances if they are contentneutral and narrowly applied.
However, demanding identification during a purely civil violation raises legal questions unless state law specifically authorizes it. Legal grading officers C plus for explaining the ordinance but escalating toward arrest threats.
protester B for asserting constitutional rights, though the confrontation became increasingly hostile.
>> Well, we're here for a call.
>> I know, but there's no emergency lights and you guys are walking around acting I I know. I I felt it. I just felt it.
>> Okay, we're not done talking to you.
You're walking off and >> So, you're detaining me?
>> Are we detaining you?
>> Yes.
>> We're on a call. We're doing an investigation.
>> Okay. Hey, I was just walking and then he's putting his gloves on. Well, I don't know. It's >> intimidating.
>> What's intimidating?
>> I was going to walk the crap.
>> We're intimidating.
>> I'm on the public sidewalk though.
>> No. All right. We're here for a call of a white male and a white female and you're just >> I look like Do I look white to you?
>> You don't look black.
>> You're a light complexion. Yes.
>> Okay.
Name, bad number 17927.
>> Yours? Leon44.
>> Can I have your ID? No.
>> Why not? You're here and I just explained myself. I explained >> Yeah, but I'm on the public sidewalk.
>> It's not about being in the public sidewalk. We just told you we're investigating the crime at this call and you're the only one out here.
>> I don't ask the questions, but you asked me a first question if I was here with a female. I said no.
>> Okay, that's his question. I just asked you a separate question for your ID cuz you're out here.
>> No.
>> Well, I guess you're just going to stay here until we finish our investigation and make sure you're not the one who went in there.
>> It's Friday. Um, I got time.
>> Okay. Well, as long as you have time, we have time.
You new?
>> What do you think?
>> Are you new?
>> I need to answer that question.
>> I'm going to make a public public record request verbally.
The call, what was it about?
>> I don't need to answer that. It's an investigation. is ongoing, >> but I'm making a public uh request and I have every right to ask questions doesn't trump our investigation.
>> Okay. But I have rights to >> I just told you I let you know that it's an investigation that's ongoing. So that's what's happening right now.
>> Okay.
>> Thank you.
>> Welcome.
>> Had that funny feeling. You guys have emergency lights on. We don't have to.
Especially with that car backwards, opposite direction.
>> These shoes going to happen.
>> Can you keep your hands out of your pocket for me, please?
>> Well, since I'm detained, right, for a crime?
What crime do you What crime do you suspect me of committing?
>> I don't know.
>> It's part of ongoing investigation, right?
>> Yeah.
>> Okay.
What crime are you do you think you're investigating?
>> You don't want to answer.
Damn. They just came over from that >> good >> from that fence.
>> Everything's good. You >> guys trespassing?
>> That's good.
>> Yeah.
>> All right, man. We go about you.
>> Okay. But uh you guys trespassing.
>> We're trespassing.
>> What was that? What was the call for?
>> We still can't tell you.
>> It's just a >> pull up here.
>> He did detain me, >> bro. What's going on, Muscle?
>> I don't know. I was just walking on the sidewalk.
>> We said you're free to go.
>> He's free. You're free to leave. You can leave right now.
>> Okay. But you told me you were going to wait.
>> I'm free to go.
>> Sir, listen. Listen.
>> If you want it, go request. Go to the public safety building at 2601 West Bri Boulevard. You're free to get the footage and look at the cat notes and do all of that.
>> I know all that.
>> All right. So, you can you can you don't need to ask us any more questions.
You're good to go, boss.
>> All right. All right. All right. I'm walking away now.
>> Yeah, you're free to go.
>> All right.
This encounter focuses on Fourth Amendment protections against unreasonable detention and the [music] limits of stop and identify demands.
Police may briefly detain someone during [music] an active investigation if they can articulate reasonable suspicion connecting that person to a possible crime. [music] However, officers repeatedly avoided identifying the suspected offense while continuing the detention, creating potential constitutional concerns. Legal grading officers C minus for unclear reasonable suspicion and prolonged detention ambiguity. Citizen A minus for remaining calm, asserting rights and avoiding escalation.
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