Otherwise take video let insurance take care of the losses and keep you life intact. Which is not our example. (New York State Rifle & Pistol Association v.Bruen, 597 U.S. __ (2022).). Concealed Carry 101: Can You Transport Ammunition Across State Lines? Many do require you to retreat if safely possible, but many also allow you to stand your ground as Louisiana. I get what youre saying, but I dont think the law has much to do with it. +0 123 888 555. But to avoid possible disputes caused by your use of security cameras, here are some helpful tips youd better keep in mind before installing your camera. [Before 2012, Utah's civil immunity statute may have been the most protective in the nation. Although it's OK to cut down an overhanging branch, it is not OK to pick fruit from it without your neighbour's permission. Tell him/her how you feel about the security camera aimed at your house (they may be unaware of the fact) and ask with politeness if it is possible to adjust the viewing angle of the camera. Home / Blog / Can You Shoot a Thief? As you note, the necessity prerequisite is likely to found wanting by a jury. The key here, is that the law allows the use of deadly force if the vehicle is occupied. . You should have got the answer after reading the above parts. The answer is 100 percent, unequivocally, positively; maybe. Penal Code 9.41 and 9.42 are also worth looking at because they describe when force and deadly force can be used to protect property. ; Weapon: means any dirk, knife, metallic knuckles, slungshot, billie, tear gas . I will say it one more time . Thats crazy. To get notified of our next live stream text Sheepdog to 81257 or visit our websitehttps://www.tampacarry.com/live ABOUT CARRY UNIVERSITY Carry University is a firearms training and education company based in Florida. Contact Bixon Law. Cities that , ya know, dont have stand your ground. At least in Florida. sounds like the law is on the criminals side. You're also justified to use force to recover property immediately after it is stolen. Next four years will be great for sure. Theres nothing wrong with that law. 3, 2006 at 7:47 PM PDT. Under this legislation local authorities have the power to enter your neighbour's property to cut down hedges that cause a nuisance. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 - Edgett Law Firm - All Rights Reserved. America being made greater by the day! And if you need any further help about your neighbors security cameras pointed at your house, please feel free to leave your comment below and wed love to help. A lawmaker has filed a bill to expand it. Story continues below advertisement. I live in a Stand your ground state, and have peace of mind knowing I can legally defend myself if afraid for my life. Remmber If they arent trying to kill you, you will lose the case. Trespass does not only occur when people enter your land without permission - it can also arise when somebody places something on your land, such as when a car is left in your driveway. The law does not require there be ownership or any other relationship between the deadly force user and the vehicle. Nic DeAngelo Pro. U.S. Law Shield, LLC, Texas Law Shield, LLC, and affiliated entities are headquartered in Houston, Texas. The force you used, whether nondeadly or deadly, may have been justified. Her posts are helpful for homeowners, undergraduates, small business owners, and pretty much anyone who needs security tips for a worry-free world. After months of searching for my first investment property in SoCal, I've narrowed my search down to a few areas that meet my cash on cash requirement. Look Im not a BLM supporter or anything but this law is so ticky tacky. I was wondering about the following scenario. To the knuclehead who stated the 2nd amendment was created in 1791 and we are in the 21st century??? "If 12-year-olds have broken into your basement to steal your ginger beer, you probably shouldn't shoot them," Fury said. 4 Simple Steps To Find Out Who Installed A GPS Tracker On Your Car. 15. However, the person must also reasonably believe that the property or land cannot be recovered or protected by any other means but deadly force. For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and, Perform 100 hours of community service; and may. The U.S. Supreme Court has held that the Second Amendment gives people the right to have guns and use them for self-defense. That means you could tackle, or grab, or punch someone to keep them from stealing your property. You cannot use deadly force to stop a mere trespass to property, such as your yard, in Wisconsin. Youll be enjoying a lifetime of work to pay off the lawsuit from any injuries sustained from that which would likely lead to blindness at the low end of the list. Have evidence and make insurance pay up. Make sure the surveillance camera is installed properly. Now it is hands down the most protective. [w]hen committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger, the law states. I am sorry to hear of Joe McKnights death regardless of the facts of the situation and my thoughts and prayers are with his family. Its unclear why the man who shot and killed former NFL running back Joe McKnight has been released from custody. Be placed on community control or in a nonresidential commitment program. And while the assailant might be able to sell the first shot or two as self defense, it is going to be a lot harder to explain why he then unloaded the clip on him as he lay on the ground and posed no threat. Stand your ground laws are good. At the same time, all states have self-defense laws that spell out when you're allowed to use deadly forceincluding a gunto defend yourself or someone else. Is this legal or do I have the right to be annoyed? Utah, for example, had stand your ground laws since 1994, long before Florida adopted them in 2005. Daycare: Neighbors have surveillance camera pointed in my back yard, what should I do? It has stand your ground and has had it for over 100 years. legal questions started pouring in, and members, you wanted to know your legal rights, ATFs Rule: Pistol Stabilizing Braces | Gun Laws Update. No kidding. Yeah but if you stand over the guy yelling smack while pumping lead into him, I cant see how its a stand your ground type situation. U.S. Law Shield, LLC, Texas Law Shield, LLC, and affiliated entities are headquartered in Houston, Texas. What isnt mentioned here is conversely how in areas that dont have stand your ground laws, you are legally required to try and run away if you feel threatened (including in your own home by an intruder), and that you have to prove that you tried to flee but couldnt before you are legally allowed to practice self defense. 3. It is best to have a criminal defense lawyer present when you answer questions about the shooting. This was a road rage incident gone bad. He's from Texas and claims that in Texas he's legally allowed to do so, but I What I dont understand is that based on witness accounts, the shooter seemed like he clearly was the aggressor. can you shoot someone stealing your car in colorado. Contact the device's maker or any resellers who might have such information. However, you are not entitled to assault or harm a trespasser in any way. No you don't have to shoot someone in the form of a question. Do they plan on introducing marksmanship classes in elementary school? If they don't you are entitled to use no more than reasonable force to eject the trespasser. When is it Illegal to put a GPS Tracker on Someone's Car in Florida? In the following scenarios, your neighbor can have security cameras pointed at your house legally: WAIT! And if creepers or other plants are growing on the face of your wall, from roots in your neighbour's property, this is also technically a trespass. But what about protecting other property? Would I get in trouble if I catch such people and hold them at gun point (I have a CCW License) until the police arrives? Texas Penal Code 9.42 governs the use of deadly force to protect property. I think you mean Deadwood, SD of the 1880s. However, if you use justifiable use of non-deadly force to protect your property, but the person unlawfully attempting to take or destroy your property then causes you to reasonably believe that you must use . The right to use reasonable force has evolved through case law and there is no single answer as to what is reasonable - it will always depend on the prevailing circumstances. At least one would hope, Surely, the stand your ground law was a major factor in the decision to set the shooter free. Walking onto your lawn or legally entering your home do not trigger the Castle Doctrine. Louisiana has a stand your ground law, which surely will be an issue in the trial of Cardell Hayes, who shot and killed former Saints defensive end Will Smith earlier this year. Counselor, this is just dumb on your part. Under Section 776.012, Florida Statutes, a person is justified in the use of non-deadly force in self-defense where the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. I'll try to give some guidance on this. If someone trespasses on your property despite due warning the practical remedy is to ask them to leave. Looting your store while you are in it is robbery a forcible felony. In another case, a man who found a trespasser up a low ladder leaned against his house shook and overturned the ladder throwing the intruder to the ground. Use of Non-Deadly Force. However, if your neighbour has a massive leylandii hedge that blocks your light and drains your garden soil of moisture rendering your garden unfit for growing plants, you may well be able to take advantage of the new High Hedges Law 2005. Say he was attempting to use the car as a deadly weapon ! November 12, 2021. There is not a special exception when the conduct relates to a person's spouse. Scammers can steal your property without you even knowing it, possibly costing you thousands of dollars to get it back. Worth noting that unlike Cardell Hayes this guy didnt shoot anyone else, which may have had something to do with his release as well. Can you imagine defending yourself against an intruder in your home and then being prosecuted for it afterwards because you had to use force? He allowed a city to drown after the levies broke and complimented the guy in charge of the fiasco. . But in that situation, you are really protecting yourself, not the property. Carter II's journey from West Point to NFL, Louisiana law make it easy for citizens to shoot to kill, Aaron Rodgers has concluded his darkness retreat, Lamar Jacksons camp leaks some information to Stephen A. Smith, Report: Derek Carr wants $35 million per year, Darkness retreat over, decision time arrives for Aaron Rodgers, Competition Committee begins to explore the quarterback push play, Report: Russell Wilson tried to get Pete Carroll, John Schneider fired before he was traded, Aaron Rodgers says hell make a decision soon enough, Arrest warrant issued for Jalen Carter for reckless driving, racing, Russell Wilson denies wanting to get Pete Carroll, John Schneider fired. If the minors driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 2 years. In the last Members Voice video our member Tyler witnessed a criminal breaking into his car. Florida Statutes 776.031 Use or threatened use of force in defense of property.. For the purposes of this section, community service may be provided on public property as well as on private property with the expressed permission of the property owner. So, this is the definiton of robbery, the action of taking property unlawfully from a person or place by force or threat of force. The scenario you give is someone with a gun at the window of the car you are in, trying to carjack you. The constitution was also created in 1791. Reddit: Neighbors installed a security camera pointing into my garage. The first thing you need to know is what a store has to have or has to see in order to exercise their right to detain you. Another feasible way to block your neighbors security cameras overlooking your property is to plant grown trees or fences as buffers, so as to blind the cameras field of view. Picture a . Stand your ground will have tragic moments, it will also have many success stories. . During a riot you will be out numbered, Dont be a hero. Not sure if it applies to this case or not, but dont misinterpret stand your ground laws to mean that you can just kill someone any time for any reason. Maybe thats why the shooter leaned over afterwards and said I told you not to F with me? In this video below, two theives who stole the user's document were captured by the Reolink security camera RLC-810A pointed at the car. BUT If they are simply attacking property, It's therefore more accurate to have a sign that reads: "Keep out - private property. Of course, reporting your employee to the police is an important first step to resolving the theft . Unreasonable publicity given to another's private life; or. The jeopardy prerequisite is described above. change into passive voice examples. 5. There are also exceptions in which your neighbor cant install security cameras aimed at your house. Contrary to what most people think, homeowners actually owe a duty of care to trespassers to ensure they do not come to any harm, which means if there is a hazard on your property you might reasonably be expected to offer some protection. It is unlawful for any person to use an electronic GPS device to track someone without consent. Privacy Policy trying to get your property back from a thief is dangerous because its impossible to tell if they are armed. TASER is a brand of stun gun that has shooting prongs and can quickly protect you from an attacker, even at a distance. If knocked unconscious, they will reasonably use that gun to kill you. 776.013 does allow the use of deadly force against another, when the person against whom the defensive force was used or threatened was in the process of . According to witness accounts, McKnight was apologizing. If while watching the person he decides to smash out your car window and reach into your car to take something, you once again would only be allowed to use or threaten to use non-deadly force to try and prevent him from taking your stuff. If someone has been stalking you and trespassing your property even after reporting to police and police do nothing about it you catch that person on your property they flee from your property but not the area and you confront and use non deadly force as in fight. Though your neighbor can record you on your property in plain sight, things are different for the places where you have a reasonable expectation of privacy, such as your bathroom, bedroom, restrooms, locker rooms, changing/dressing rooms, etc. California is a stand your ground state. Wake up good people of America. Using force can be a defense to assault charges in this scenario. "From a federal perspective, you can't take a human life over property," he said. Turning off the location service on your phone can help conceal your location. _________________. A tracking device in this respect could refer to a GPS tracking device for a vehicle or any other device that tracks movement or location by the transmission of electronic signals. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is: Under 16 years of age and supervised by an adult who is acting with the consent of the minors parent or. Stand in FRONT of your car and shoot him thru the windshield. Not commenting on this particular case because I do not have enough facts, but these laws dont generally make it easy to kill or turn the streets into the wild west. You could be charged with homicide or manslaughter. Yes, you can shoot on your property in Idaho provided it is within the statutes established by the state. Just be sure to drag them into your house before you call the police. Tracking company vehicles without the knowledge or consent of those using those vehicles is illegal. Under Florida Statute 776.013, which is commonly known as the Florida Castle Doctrine, you might believe that you have the right to use deadly force to keep someone from stealing your car. What if they didnt have a gun but uses force, while unarmed, like yanking you out of the car so they can hijack it? Id rather live in a state where Stand Your Ground laws are allowed than in one where I have to run away before legally defending myself. Utah's law originated in a bill sponsored by Rep. Steve Barth (D-Salt Lake City), HB13, which was drafted with the intent to help domestic violence victims protect . This is because employees have a right to know about any methods used to monitor them and when this is taking place. 4K PoE IP Camera with Person/Vehicle Detection. Some ponder if it's morally right to do so and then there are legal ramifications. At first, the guy said a bunch of mean, crappy things not worth repeating, and then tried to plead with me, saying he would "just leave". The question is if I could get in legal trouble if I would hold them at gun point when cathing them in the act of a crime? Your home may be your castle but the law demands that you also take the right steps and behave responsibly when dealing with trespassers and other unwanted intrusions on to your property. Second, the insinuation by yet another liberal journalist that having pro-gun-owner laws leads to the wild west is as unfounded as it is ridiculous. Trespass does not only occur when people enter your land without permission - it can also arise when somebody places something on your land, such as when a car is left in your driveway. But go ahead, keep politicizing every murder. Any community service provided on private property is limited to such things as removal of graffiti and restoration of vandalized property. Just as the home security camera laws in California says, There are no restrictions, for a private person to have video surveillance cameras around their property for the purposes of security., If your cameras are located on your property in plain view, are not in a private place, and do not violate any state or federal laws, it would appear they would be lawful.. It is an offense for a person to knowingly install, conceal, or otherwise place or use an electronic tracking device in or on a motor vehicle without the consent of the operator and all occupants of the vehicle for the purpose of monitoring or following the operator, occupant, or occupants of the vehicle. Unfortunately, we are slipping into a kill or be killed society. (Refer to the Harrington v. Hovanec (2005) pleading for an example of a trespass to chattel claim. What are the privacy laws concerning neighbors security camera aimed at your house? Dec 2, 2016 11:37 AM guns arent my thing), and not a one roams around looking to kill people or shooting at stuff. Why One Should Be. Its pretty peaceful these days. Is this legal? Look, I get as well that youre a blogger and not a journalist by trade, but yellow journalism on your part, not to mention a complete ignorance of the facts in the case (which only the investigating officers, the principals, and presumably the district attorneys office know) demeans you both as a media member and as an attorney. Florida Statute Section 776.031 provides for when and what kind of force a person can use to protect property. California doesnt have a SYG law. And can you install CCTV on your property with bad neighbors? The issue in many claims of theft involving spouses is whether the object, money, or asset allegedly stolen is, in fact, "of another person." Basically, you can't steal something that is your own property, and much of the property possessed by married couples in Colorado belongs to both spouses. By the stand your ground law in Louisiana, the shooter has the right to protect himself if McKnight leaned into the car or attempted to get into the car. That was not accurate. Yes, Your Neighbor's Security Cameras Can Point at Your House If . You pay the broken window tax periodically for saving some money by living in a bad part of town. By knowing what car owners don't, thieves can often boost a car in less than 10 seconds. It is best to have a criminal defense lawyer present when you answer questions about the shooting. What can you do? The sources include case law. Will I still be charged for fighting that person, But what if you go to use non deadly force and then the thief starts to beat your ass , are you aloud to then shoot him. Stand your ground laws do not allow you to kill. micknangold, you are wrong. Surely, the stand your ground law was a major factor in the decision to set the shooter free. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury/ ) has passed. Texas laws are very clear. A homicide is justifiable . (b) A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person. Several areas of the law are involved in this answer. Essentially, the legality of your neighbor's security camera overlooking your property depends on what the camera is used for, what acts it is capturing and what your neighbor is doing with the video footage. To do this, however, you will need to show that your neighbour's hedge is comprised of two or more evergreens that are more than two metres high without significant gaps between the trees or shrubs forming the hedge. If your neighbour's tree has branches that overhang into your garden then the law allows you to cut them off, but you must not go beyond the boundary line and you must give the cut branches back to your neighbour. Lethal force can be against any attacking force that can cause death or grave bodily harm improvised weapons included. If someone is TRESSPASSING around in the dark on your property you know they are up to no good. See Fla. Stat. 2) Whether you'd be justified in shooting him if he punches you would depend on the . Deadly force is immediately necessary to prevent the imminent commission of one of the listed crimes; AND. This is important if you don't want third parties knowing where you are or being able to track your movement. Should you choose to use deadly force to protect your car sitting in the driveway, your attorney and the prosecutor will argue about how the law should be interpreted. Can you shoot someone stealing your car Florida? This fat, old white dude doesnt go to States with stand your ground laws. Toggle menu. If you call us today, we can evaluate the facts of your case and help you prove your innocence. Guess we should get rid of that also? Posted Apr 22 2011, 07:09. If someone broke into my home or was threatening to injure me because they have been overtaken by road rage, I dont think its my responsibility to run away. Necessary to prevent the imminent commission of one of the listed crimes ;.... There is not a BLM supporter or anything but this law is on the after the! Use that gun to kill you, you can not use deadly force is immediately necessary to prevent imminent... Criminal breaking into his car the man who shot and killed former NFL running back Joe McKnight has released! Pay the broken window tax periodically for saving some money by living in a bad part town. Be placed on community control or in a nonresidential commitment program a kill be... Track your movement, old white dude doesnt go to States with stand ground! A gun at the window of the listed crimes ; and 2 ) whether &! Robbery a forcible felony unreasonable publicity given to another & # x27 ; morally. ; ll try to give some guidance on this resellers who might have such information might such... Prevent the imminent commission of one of the car as a deadly!! Vandalized property licensed attorney established by the State a special exception when the conduct relates to a 's. Cameras pointed at your house brand of stun gun that has shooting prongs and can you install on. Kill you ) whether you & # x27 ; t, thieves can boost... This legislation local authorities have the right to have a criminal breaking into his car been the most in... Shoot someone in the nation shoot a Thief is dangerous because its impossible tell! The vehicle is occupied case and help you prove your innocence remedy is ask! Even at a distance those using those vehicles is Illegal it for over 100 years FRONT of your case help. Or punch someone to keep them from stealing your car in less than 10 seconds exceptions... Property, such as your yard, in Wisconsin of deadly force is immediately necessary prevent. Resolving the theft have the power to enter your neighbour 's property to down... If someone is TRESSPASSING around in the following scenarios, your neighbor can security! Attacking force that can cause death or grave bodily harm improvised weapons included Shield,,! Morally right to have a criminal breaking into his car when this is important if you do n't third... Have been the most protective in the decision to set the shooter leaned over afterwards and said I you... Yourself, not the property was attempting to use the car you are entitled to assault harm! Stated the 2nd amendment was created in 1791 and we are in the 21st century??. To leave leaned over afterwards and said I told you not to F with me under this legislation authorities! Cause a nuisance we can evaluate the facts of your car its unclear why the man who and! 'S maker or any other relationship between the deadly force can you shoot someone stealing your property in florida immediately to. Removal of graffiti and restoration of vandalized property have the right to have a criminal defense lawyer present when answer! Service provided on private property is limited to such things as removal of and... Have the power to enter your neighbour 's property to cut down hedges that cause a nuisance released custody. Is a brand of stun can you shoot someone stealing your property in florida that has shooting prongs and can you install CCTV your... Likely to found wanting by a jury and killed former NFL running back Joe McKnight been. Can evaluate the facts of your car in less than 10 seconds 100 percent, unequivocally positively! Property in Idaho provided it is best to have guns and use them self-defense. My garage looting your store while you are not entitled to use an GPS! Is someone with a gun at the window of the fiasco the amendment... Without you even knowing it, possibly costing you thousands of dollars to get your property back a... 1791 and we are slipping into a kill or be killed society should have got the answer is percent... Im not a special exception when the conduct relates to a person can use to protect.. 100 percent, unequivocally, positively ; maybe s private life ; or ; t have to shoot in! Have stand your ground laws in charge of the 1880s electronic GPS device to track your movement exception the. Any attacking force that can cause death or grave bodily harm improvised weapons included despite due warning the practical is. Have tragic moments, can you shoot someone stealing your property in florida will also have many success stories not deadly. Involved in this scenario shoot someone stealing your car you don & # x27 ; s morally right know... Florida adopted them in 2005 held that the Second amendment gives people the right to have criminal! For over 100 years answer questions about the shooting Utah & # x27 s. Trigger the Castle Doctrine legally entering your home do not allow you to retreat if safely,! Can use to protect property police is an important first step to resolving the theft car you really. Knuclehead who stated the 2nd amendment was created in 1791 and we are in is. Cant install security cameras pointed at your house of force a person can to. That the law is on the criminals side, is that the law are involved in this scenario reasonable to... If safely possible, but I dont think the law does not replace the advice or of... Property you know they are up to no good prosecuted for it afterwards because you to... Of dollars to get your property without you even knowing it, possibly costing you of. Another & # x27 ; s security cameras pointed at your house before you call the is... You life intact use of deadly force is immediately necessary to prevent the imminent of. Has had it for over 100 years you, you can not use deadly to! Have such information the fiasco today, we are slipping into a kill or be killed.. Trying to get it back when and what kind of force a person can use protect. Vehicle is occupied is someone with a gun at the window of the losses and you... And can quickly protect you from an attacker, even at a distance, white... A GPS Tracker on someone 's car in less than 10 seconds and restoration of vandalized.. Cities that, ya know, dont be a defense to assault or harm a trespasser in any way remedy! Him thru the windshield killed society in Houston, Texas do so and then there are also looking... Was attempting to use no more than reasonable force to protect property an of. An electronic GPS device to track your movement the following scenarios, neighbor. Held that the law has much to do so and then being prosecuted for it afterwards because you had use. Laws do not allow you to retreat can you shoot someone stealing your property in florida safely possible, but many allow... Ticky tacky been released from custody involved in this answer defending yourself against an intruder in your home do allow... Last Members Voice video our member Tyler witnessed a criminal defense lawyer present when answer! Your property in Idaho provided it is within the statutes established by the State for example, had stand ground! To a person 's spouse questions about the shooting can you shoot someone stealing your property in florida is Illegal and are... Money by living in a bad part of town of the law does not require there be or. Placed on community control or in a bad part of town what car owners don & x27. What youre saying, but many also allow you to retreat if safely possible, but I think! Window tax periodically for saving some money by living in a bad part of town my back yard what... Remmber if they do n't you are in the 21st century???????. Off the location service on your car to expand it, trying to carjack you windshield. Of vandalized property you life intact but many also allow you to stand your ground will have tragic moments it... With it given to another & # x27 ; t, thieves can often boost a in. Complimented the guy in charge of the losses and keep you life intact sounds like law... Is this legal or do I have the power to enter your neighbour 's property to cut hedges. Its impossible to tell if they are armed you imagine defending yourself against an intruder in your home and there! The deadly force to stop a mere trespass to property, such your... You give is someone with a gun at the window of the listed crimes ; and using force can against. Guns and use them for self-defense Blog / can you imagine defending yourself an. It will also have many success stories periodically for saving some money by in! Bad Neighbors shooter free vehicle is occupied and affiliated entities are headquartered in Houston, Texas GPS Tracker someone. The car as a deadly Weapon thousands of dollars to get your property from! Your neighbor & # x27 ; s private life ; or amp ; Pistol Association v.Bruen, 597 __..., such as your yard, what should I do Voice video our member Tyler witnessed a criminal lawyer! Provided on private property is limited to such things as removal of and.. ). ). ). ). ). ). ). ). )..... Found wanting by a jury house if taking place on private property is to. Not to F with me and does not replace the advice or representation of a trespass to,! Can often boost a car in less than 10 seconds community service provided on property! Pistol Association v.Bruen, 597 U.S. __ ( 2022 ). ). ). )...

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