By
John Reid & Associates
Imagine what it would be like to make everyday decisions without
caring how your choices affected others and
to live each day with the only goal being to elevate your
insatiable self-worth.*
When telling lies or engaging in criminal activity you experience no
guilt or remorse and you have such confidence in your ability to
escape punishment that you lie at will; in fact, engaging in illegal
behavior, and the thrill of getting away with it, becomes a driving
force in your life allowing you to express superiority over others:
Welcome to the mind of the primary psychopath.
Fortunately, less than one percent of the population is diagnosed
as a primary psychopath.*
The predominant traits that characterize this psychological disorder
include lack of remorse or guilt, poor behavioral control, need for
emotional stimulation,* irresponsibility, shallow affect, failure to
learn from experience, and involvement in anti-social behavior,
including frequent lying. Primary psychopaths are usually diagnosed
in their twenties, tend to be male and have a higher than average
IQ.** They experience a psychological burn-out by mid-life after
which they are likely to be nonproductive members of society
(incarcerated, drug addicts, recluses).
Statistically, an investigator is much more likely to encounter a
secondary psychopath.*
These are individuals who possess some psychopathic traits in
combination with symptoms from other personality disorders or mental
illness.* About fifty percent of the prison population is diagnosed
as having some psychopathic traits.
Identifying the psychopath
An investigator is generally not concerned with exactly what mental
illness a suspect suffers from, but rather how to recognize
fundamental symptoms of a disorder and how to effectively deal with
the suspect.* A suspect with psychopathic tendencies will exhibit
several of the following behaviors:
1.* Glibness / superficial charm e.g., unconcerned attitude, overly
polite, inappropriate levity
2.* Irresponsibility e.g., failure to meet financial obligations,
failure to keep appointments, not following through on promises
3.* Reckless disregard of other's safety or feelings / lack of
empathy e.g., irrationally shooting a customer during a robbery,
purposefully aiming a car toward an animal trying to cross the road
4.* Pervasive engagement in anti-social behavior, e.g., lying,
cheating, theft, fraud
5.* Impulsive behaviors, e.g., promiscuous sexual behavior,
spontaneous crimes
6.* Feelings of entitlement, e.g., strive for positions of
authority and power, expectation of special treatment (or claims of
unfair treatment)
There are a number of key behaviors that may indicate a suspect has
psychopathic tendencies.* The first is the suspect who, upon meeting
the investigator, exhibits no fear or anxiety.* Rather, the suspect
appears to almost enjoy the challenge of answering questions and
does not present any outward symptoms of anxiety or guilt even when
caught making an inconsistent or false statement.*
The suspect may engage in
testing behavior shortly after meeting the investigator.* This concept comes from con men who would stage certain scenarios
to test the gullibility of a potential victim.* Examples of testing
behavior may include asking the investigator for a business card, to
draw a map showing the best route to the freeway, or simply for the
current time.* By engaging in this preemptive behavior, the suspect
gains a sense of control during the interview.
Finally, it is not uncommon for psychopaths to falsify their
credentials and even impersonate others.* When psychopathy is
suspected, the investigator should question the suspect about his
background, education, professional licenses and certification.* It
may be productive to ask the suspect, "Have you ever pretended to be
someone else, where you posed as another person?"
Interviewing The Psychopath ***********
Because of the psychopath's high level of self confidence, he often
believes that he does not need an attorney.* A psychopath is likely
to waive his Miranda rights and agree to be interviewed.* During the
interview he is easily engaged and appears to be helpful and
cooperative.* In reality this "cooperative facade" allows the
psychopath to manipulate the investigator with the intent to
convince the investigator of his innocence.
The challenge in interviewing a psychopath is that, depending on
the degree of psychopathy, the suspect may exhibit minimal behavior
symptoms of deception when lying.* This includes the lack of
specific nonverbal or paralinguistic behaviors reflecting anxiety,
guilt, fear or low confidence.* Similarly, on the verbal level, the
psychopath may not reduce anxiety by using memory qualifiers e.g.,
"to the best of my knowledge."*
In fact, psychopaths often tell bold lies that invite a challenge,
e.g.,** "I had nothing to do with this whatsoever.* Iill give you my
fingerprints because I know you won't find them at the crime
scene."* Later, the investigator finds the suspect's fingerprints
all over the crime scene.* Needless to say, when a suspect exhibits
psychopathic traits the investigator should not take anything the
suspect says at face value.* Rather, the investigator should
carefully document the suspects alleged credentials or alibi, obtain
exemplars, get blood sample, take fingerprints etc. and check
everything out.
The psychopathis weakness is within his attitudes.* During an
interview he will come across as unconcerned (inappropriate levity,
express leniency toward the guilty party), offer unrealistic
assessments of the crime, and express insincere emotions.* The
predominant feature is the absence of anxiety or concern that is
typically observed from innocent suspects.* Moreover, because
psychopaths engage in spontaneous behavior, often there is clear
evidence that places them at the crime scene or with the victim.* Of
course, when confronted with the evidence, the suspect will have an
explanation for the evidence and protest his innocence with a great
deal of conviction.
Interrogating the Psychopath
Hard-wired within the psychopathis affected personality is a very
high index of suspicion; psychopaths are incapable of fully trusting
another human being and believe that everyone only acts in their own
best interests.* Consequently, if the investigator attempts to come
across as someone who understands the suspects' situation and can
sympathize with the suspectis reasons for committing the crime, the
investigator will lose credibility.*
Rather, the investigator should use a factual approach to the
interrogation.* The investigators' statements should focus on
evidence and attacking the suspect's credibility.* The
investigator's demeanor should be professional, emotionally detached
and confident.* It is rare for a primary psychopath to fully confess
his crime.* More often, he will make incriminating statements and
ultimately accept a plea bargain from the prosecutor n the
psychopath will not fully admit wrong-doing, but may acknowledge
that it is in his best interest to plead guilty.
In conclusion, investigators must guard against labeling every
suspect who commits a despicable crime or who frequently lies as a
psychopath.* While it is true that many people who commit crimes
have psychopathic tendencies, certainly not all criminals are
primary psychopaths.* Psychopathy occurs on a wide continuum.*
Consequently, rather than asking, "Is this suspect a psychopath?"
the investigator may be better off asking, " To what extent does
this suspect exhibit psychopathic tendencies?"*
The more psychopathic tendencies a suspect exhibits, the less
weight should be placed on specific behavior symptoms of truth or
deception during the interview.* In fact, the focus of the interview
should be to obtain detailed information, about the suspects' alibi,
relationship with the victim, financial situation etc., and that
information should be verified (or refuted).* The psychopath's guilt
is usually revealed by detecting not one big lie, but several little
ones.* Also, the interrogation approach should appeal less to the
suspectis emotions and more to logic and intellectual arguments.
Credit and Permission Statement: This
Investigator Tip was developed by John E. Reid and Associates Inc.
Permission is hereby granted to those who wish to share or copy the
article. For additional 'tips' visit
www.reid.com;
select 'Educational Information' and 'Investigator Tip'. Inquiries
regarding Investigator Tips should be directed to Janet Finnerty
johnreid@htc.net.
For more information regarding Reid seminars and training products,
contact John E. Reid and Associates, Inc. at 800-255-5747 or
www.reid.com
by
StreetCrimes.com
Question:
I’ve
recently been assigned to a narcotics unit after several years on
patrol. My new assignment will require me to conduct surveillance on
drug dealer and dope houses. Can you give me any advice so I don’t
get made?
-Joe Lawler
Answer:
Surveillance is a really basic
investigative tool that can be used in many different types of
investigations. Simply put, it is to observe a location, or follow
someone without being seen.
I’ve always been interested in learning how the bad guys
operate and the best way to find out is by asking them. What I’ve
learned in 25 years of interviewing criminals is that the follow
represents the top ten things criminals do to detect police
presence:
-
Stopping suddenly after making a turn.
-
Driving down dead- end streets or pulling into a driveway.
-
Driving very fast for a while then driving very slowly.
-
Frequently pulling over and parking.
-
Timing traffic lights so you catch a red.
-
Making U-turns.
-
Cutting through parking lots.
-
Leaving their residence and returning right away.
-
Having people follow them.
-
Going into a store then watching out a window.
Whenever
you observe a suspect doing any of the maneuvers above, there is a
strong chance they are able to smoke out anyone who is following
them. The most common surveillance mistake officers make is that
they either set up too close to a suspect they are tailing. Dope
dealers are not only looking for the police, but also for other bad
guys trying to rip them off. A simple rule to follow is that if you
can see the bad guy easily, he can see you! So get yourself a good
set of binoculars and stay back.
Question:
I’m currently assigned to a tactical squad that executes
search warrants on a regular basis. We have encountered several
vicious dogs recently on some of our warrants.
Do you have any advice on how to eliminate the threat without
destroying the dog?
-Bob Fortier
Answer:
I’ve been on search warrants where dogs have been shot
several times and they still keep coming.
Shooting any animal should be done only in extreme
circumstances, because bullets ricochet and you might wind up
hitting another cop or a civilian with an errant round.
Pepper spray usually works. But you run the risk of having
the spray blow back of you or other officers.
I would recommend that you carry a can of wasp spray that you
can purchase at most stores. The spray shoots out a chemical quite a
distance and will not permanently injure the dog.
Another option I can suggest is to use a fire extinguisher,
the type that shoots out a white chemical powder and makes a
whooshing sound. Most
dogs will turn tail and run.
I want to thank (Ret.) Sgt. Dennis
Reagan, Phoenix P.D., for the call and information on controlling
vicious dogs. Sgt.
Reagan shared a good tip on controlling vicious dogs on search
warrants. He suggested
using road flares as a useful tool in fending off pit bulls and
other aggressive dogs you may encounter.
These flares burn at an extremely hot temperature and if a
dog is that vicious, one taste of that flare will be all that it
takes. Thanks Sarge.
My goal is to provide working cops with useful information.
Your valuable insight is greatly appreciated.
Patrick
McCarthy spent 25years with the nation’s second largest police
department, the Chicago P.D.
He has participated in thousands of
surveillances, stakeouts, and undercover ops. His background and
work experience qualify him as an expert in many types of
investigations, including undercover assignments, sting operations,
gang and organized crime, and drugs. He has lectured on gang and
organized crime issues throughout the US, Canada, and China.
Pat also created the three-day Street
Crimes Program, which is sponsored by John E. Reid and Associates in
over 100 cities a year.
In addition, Pat developed the Street
Cop Video Training Series to give working police officers street
tested information.
For more information on the Street
Crimes Program or the Street Cop Video Training Series visit
www.streetcop.com or call
800-275-4915.
Reprinted from
the
Virginia Center for Policing Innovation
VCPI
in partnership with the Virginia
Institute of
Forensic Science and
Medicine just completed its
fourth Cold Case Analysis Training for Law Enforcement
and Prosecutors. The national training, funded by NIJ,
has been a huge success! Participants have consistently
voiced immense value associated not only with the training
but with the opportunity to network with those involved in
cold case investigations from around the nation.
As Detective Janet
McCarthy of the Chicago Police
Department (CPD) stated, “The mere fact that a bunch of
detectives acknowledged that they were thoroughly engrossed
in the case histories
of other detectives
is a sheer sign
of success!”
Detective
McCarthy also took the time to
share some tips their Cold Case unit utilizes with VCPI.
Recognizing that this is an
example of the kind of communication and insight that has
been shared at these trainings we wanted to pass them on to
benefit our readers.
Set up a Cold Case website on your department’s website:
Chicago has
thousands of old, open homicides.
When we speak with the families
we always ask them to provide a photo of their loved one for
our site. In many cases, it may be the only thing we can do
for them because the case has nowhere else to go. But it at
least provides some satisfaction for the families to know
that
something
is being done.
Because Chicago
has so many open cases, we obviously can’t review every
single one. The website generates calls from people who may
be making inquiries about cases they remember from years
gone by or maybe happened in their neighborhood when they
were growing up.
Once we get a call, we’ll order
the reports and take a look at it. It helps prioritize the
cases and we’ve had some very good luck with these calls.
Additionally, the website accepts anonymous tips and clues.
Communicate with retired detectives:
Most of the
five detective areas in the Chicago Police Department keep
current home and e-mail addresses for their retired
detectives for communication purposes. See if such a list
exists in your department and send out letters asking them
if there were any cases that “got away” from them.
Check genealogy websites:
It’s amazing
how much information you can get from them. We’re still
looking for an offender on a 1965 homicide in which he shot
his wife to death with a shotgun in the parking lot of a
local grocery store.
An arrest warrant was issued at
the time and the offender should now be in his 90s.
At this point we are assuming
he is deceased. If we could get his death certificate, we
would be able to close the case.
However, after the murder he
disappeared.
The original
detectives worked for years trying to locate this subject
but to no avail. Since the inception of the Cold Case Unit,
we’ve had the
FBI, IRS,
Social Security, etc. check their records using the
information available from the original file, again with no
luck. I happened to run the subject’s name through a couple
genealogy sites I utilized for my own research and just
about fell off the chair when his family’s entire family
tree popped up, going back to the beginning of the 20th
century!! Granted, the subject had a name that wasn’t too
common but the information provided us with names of his
brothers and sisters, some of whom had never been
interviewed only because no one knew they existed.
Family members were somewhat
surprised when detectives showed up on their doorstep over
forty years later!! In fact, during an interview with one of
the nephews, Cold Case detectives learned that another
brother had also killed his wife during the early 1950s!!
This murder never came out in the original investigation.
I would love to
tell you that we had a happy ending to this case but,
unfortunately, even after all this new information was
learned and interviews with newly-located family members
were conducted, we still have been unable to determine if
the subject is dead. But it just goes to show what kind of
information is available out there.
Use “Google”
or another search engine:
A lot of information can be
discovered by just typing the victim’s name into one of the
search engines. In many cases,
families have set up their own websites or the victim’s name
may appear on another
“cold case”
website. We have found that there are a lot of “want-to-be
detectives” out there who have websites and/or books
dedicated to their “investigations”.
One of my favorite
sites is http://www.coldcasecenter.com/. It provides
recent news articles from all over the country regarding cases,
new procedures, etc.
Establish a “Cold Case
History Book”:
One of the most
important things we sometimes have a problem locating is
“information”.
And by “information” I mean
“information about paperwork” within the CPD itself. Locating
reports, photos, evidence, etc. can be an exercise in futility.
With every retirement, we lose
knowledge of “how things were done back then”. So every time we
talk to “the old-timers”, we make sure we document how/why this
was done, what that “code” meant, how to find reports before
there were “report” numbers, etc.
As an example, in
several cases from the early 1960s, prior to the establishment
of an official “case report”, a lot of the investigations were
typed on yellow paper in a “memo” style report. But as we
reviewed several of these cases, we found that there were a lot
of reports where blank lines were drawn between words and
paragraphs. I happened to be speaking to a retired friend of
mine who was a young civilian secretary for the CPD in the early
60s and learned that there was a period of time where detectives
would dictate their reports via the phone or dictaphones and the
secretaries would transcribe them. The “blank areas” were parts
of the report that the secretary couldn’t understand!
As we ran into more
and more incidents like this, we decided that we had to document
the information so that when our Cold Case detectives are “old
timers”, the historical information can be passed along.
If you have tips
regarding successful resolution of cold cases please share them
with us at tcarey@vcpionline.org.
Additional Resources:
Case
Review -
Establish Priorities
http://www.dna.gov/uses/cold_cases/identifying_analyzing_prioritizing/priorities
The article
provides an outline on how to evaluate and prioritize cold cases
to best utilize available resources. Sample checklist provided.
Cold Hits
http://www.dna.gov/audiences/officers_court/policy_prosecutor/suspectless/coldhits
The article
provides protocols to evidence preservation and DNAsampling
to use in a computer database to match
DNAto
link suspects to cold case files.
How Cold Case
Squads Work
http://www.ncjrs.gov/html/bja/coldcasesquads/index.html
From the Bureau of Justice
Assistance, this website outlines
the workings of a cold case squad, resources for developing a
cold case squad and links to resources to augment the
functionality of a cold case squad.
Implementing a Cold
Case
Homicide
Unit: A Challenging Task
http://www.fbi.gov/publications/leb/2005/feb05leb.pdf
The article
provides insight into the budgetary constraints of running a
cold case unit and the resolve of the district attorney to
prosecute after a successful investigation.
National Center for
the Analysis of Violent Crime
http://www.fbi.gov/hq/isd/cirg/ncavc.htm
The NCAVC
uses
FBI resources to help state and
local law enforcement agencies solve violent crimes and cold
cases.
National Center for Missing and
Exploited Children
www.missingkids.com
NCMEC offers law
enforcement powerful resources, free of charge, to help
investigate cases of missing and sexually exploited children.
National Forensic
Science Technology Center
http://www.nfstc.org/programs/index.htm
This NIJ-funded
center provides links to cold case training and assessment
programs to assist cold case units.
National Law
Enforcement and Corrections
Technology Center
http://www.nlectc.org/justnet.html
NIJ Office of
Science and Technology-funded program, whose website contains
links to training assistance, testing and evaluation, and
technology assistance for cold case programs.
National Missing and
Unidentified Persons
System
www.namus.gov
NamUs is a
clearinghouse for missing persons and unidentified decedent
records.
NIJ
Special
Report:
Using DNA
to
Solve Cold Cases
http://www.ncjrs.gov/pdffiles1/nij/194197.pdf
The document
presents an overview of using DNA
and DNA
databases to aid in solving cold
cases.
REASONABLE SUSPICION,
HIGH CRIME AREAS AND A SUSPECT'S FLIGHT
United States v. Jones
May 2012
Reprinted
from PATC
by Brian S. Batterton, Attorney
On March 7, 2012, the Sixth Circuit Court of
Appeals decided the
United States v. Jones [i] which serves as an excellent
review of the law related to seizures of persons and factors that
amount to reasonable suspicion to detain a person. The facts of
Jones are as follows:
Memphis Police Officer Robert Strickland was on
patrol on Latham Street in Memphis, Tennessee, an area known for
extensive drug trafficking and violent crimes. He observed a group
of men in front of an apartment house, and two males standing apart
from the group. The two males appeared to be engaging in a
hand-to-hand transaction. Officer Strickland had observed more than
200 hand-to-hand drug transactions in his nine years as a Memphis
police officer, and he grew suspicious the men were exchanging cash
for drugs. Strickland stopped and exited his car to investigate.
Defendant immediately began running away "like a sprinter."
Strickland called to Defendant to stop several times, but Defendant
kept running. Officer Strickland gave chase, and observed Defendant
drop a brown paper bag and other unidentifiable items. After chasing
Defendant approximately 200 yards, Strickland caught up to him in an
alley. Strickland pushed Defendant down and handcuffed him. As he
was doing so, Strickland noticed Defendant's pants had fallen down
and his belt was unfastened.
Two other officers soon arrived in response to
Strickland's call for backup. One officer retraced Defendant's
flight path to search for dropped items. He found an ammunition
holder containing twenty-five rounds, an ammunition pouch, a
holster, and a loaded .38 caliber revolver. Officer Strickland also
found a brown paper bag containing a cold, open beer near where he
observed Defendant drop a brown paper bag. The officers read
Defendant his Miranda rights, and he admitted to possessing the
firearm. [ii]
Jones later filed a motion to suppress and
argued, among other things, that the officer lacked reasonable
suspicion to detain him. The district court denied the motion and he
entered a plea with the right appeal the denial of the motion.
On appeal, Jones first argued that the police
officer “had no particularized and objective basis for suspecting
that he was committing or had committed a criminal offense” when the
officer
initiated the stop.
At the outset the court noted:
We have identified three types of police-citizen
encounters: "(1) the consensual encounter, which may be initiated
without any objective level of suspicion; (2) the investigative
detention, which, if non-consensual, must be supported by a
reasonable, articulable suspicion of criminal activity; and (3) the
arrest, valid only if supported by probable cause."
United States v. Smith, 594 F.3d 530, 535 (6th Cir.
2010) (quoting
United States v. Waldon, 206 F.3d 597, 602 (6th Cir.
2000)). [iii]
Here, Jones acknowledged that he was subject to
an investigative detention, rather than an arrest. However, he
argues that the officer lacked sufficient reasonable suspicion to
detain him. As such, the Sixth Circuit stated that it must first
determine
when the detention actually occurred.
It should be noted that, according to the
Fourth Amendment, an investigative detention is a
“seizure” of a person. The United States Supreme Court has stated
that:
A person is seized within the
Fourth Amendment's meaning when an officer "by means of
physical force or show of authority, terminates or restrains his
freedom of movement through means intentionally applied."
Brendlin v. California, 551 U.S. 249, 254, 127 S. Ct.
2400, 168 L. Ed. 2d 132 (2007). [iv]
The Sixth Circuit further recognized that:
The Supreme Court has held police pursuit is not
a seizure until the suspect actually stops.
California v. Hodari D., 499 U.S. 621, 629, 111 S. Ct.
1547, 113 L. Ed. 2d 690 (1991). In
Hodari D., the Court said the term "seizure" "does not
remotely apply . . . to the prospect of a policeman yelling 'Stop,
in the name of the law!' at a fleeing form that continues to flee."
Id. at 626. [v]
In light of the rules set forth by the Supreme
Court, the Sixth Circuit held that Jones was not seized until the
officer physically restrained him since he did not obey the
officer’s commands to stop.
Next, the Sixth Circuit had to determine whether
the officer had sufficient reasonable suspicion to detain Jones at
the time he actually seized Jones. The court first stated:
An officer may conduct an investigative stop only
if he has "reasonable, articulable suspicion that the person has
been, is, or is about to be engaged in criminal activity."
United States v. Place,
462 U.S. 696, 702, 103 S. Ct. 2637, 77 L. Ed. 2d 110 (1983). [vi]
The court then stated that there were four
specific facts on which the officer relied in articulating the
reasonable suspicion for Jones’ stop. One, Jones was in a high crime
area known for drug activity. Two, the officer saw Jones and another
man engage in an apparent hand-to-hand drug transaction. Three,
Jones ran from the officer when he exited his police car. Four,
Jones discarded items as he was fleeing.
In making a determination of whether the above
four facts support a finding of reasonable suspicion the court
examined the United States Supreme Court case of
Illinois v. Wardlow. [vii] The court noted that although
the Supreme Court stated that presence in a high crime area,
“standing alone” does not create reasonable suspicion of criminal
activity, it is still a relevant factor that officers can consider
when making a decision regarding reasonable suspicion. As such, the
officer in
Jones, was permitted to validly consider this as one
relevant factor.
Continuing with the analysis of
Wardlow, the Sixth Circuit
next stated:
In
Wardlow, the Supreme Court held officers had reasonable
suspicion of criminal activity based solely on presence in a
high-crime area combined with "headlong flight" from police.
Wardlow, 528 U.S. at 124. [viii]
As such, the court held that Jones presence in
the high crime area, plus his flight from the officer amounted to
sufficient reasonable suspicion to justify Jones’ detention.
However, the court noted that Officer Strickland
also had two additional facts that further strengthened his
reasonable suspicion. The first additional fact was that the officer
observed Jones conduct an apparent hand-to-hand drug transaction.
The court cited the Sixth Circuit case of the
United States v. Paulette [ix] and stated:
In Paulette, we said, "[T]he officers had a
reasonable suspicion that Paulette was engaged in criminal activity
based upon his hand movements consistent with drug-dealing activity,
efforts to evade the police upon noticing them, and presence in a
high crime area." [x]
The second additional fact was that Jones was
discarding items as he fled. The court stated:
[Officer] Strickland observed Defendant discard
several items as he fled. Strickland could reasonably believe
Defendant was attempting to rid himself of contraband, even if
Strickland could not immediately identify the items. Two other
circuits have concluded a suspect's action in dropping an
unidentified object contributes to reasonable suspicion.
United States v. Carter, 360 F.3d 1235, 1240 (10th Cir.
2004) (suspect dropped something while talking to officers);
United States v. Dupree, 202 F.3d 1046, 1049 (8th Cir.
2000) (suspect dropped small object off a bridge before talking to
police). [xi]
As such, the Sixth Circuit held that Officer
Strickland had “ample reasonable suspicion” that Jones was engaged
in criminal activity at the time he seized him.
Thus, the court affirmed the denial of the motion
to suppress.
_____________________
Note: Court holdings can vary significantly between
jurisdictions. As such, it is advisable to seek the advice of a
local prosecutor or legal adviser regarding questions on specific
cases. This article is not intended to constitute legal advice on a
specific case.
_____________________
CITATIONS:
[i] 2012 U.S. App. LEXIS 4700 (6th Cir. Decided
March 7, 2012)
[ii] Id. at 2-3
[iii] Id. at 6
[iv] Id.
[v] Id. at 7
[vi] Id. at 8
[vii] 528 U.S. 119 (2000)
[viii] Jones at 9
[ix] 457 F.3d 601, 606 (6th Cir. 2006)
[x] Id. at 9-10
[xi] Id. at 10
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