We rely on donations for our financial security. 2d 824 (1979). United States State Supreme Court (California), United States State Supreme Court (New Jersey), New Mexico Court of Appeals of New Mexico. Ms. Little with her vast experience in the training of dogs was another resource. 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. This Court first distinguishes Katz from this case on the basis that this is not a police action and second, that the students did not have a justifiable expectation of privacy that would preclude a school administrator from sniffing the air around the desks with the aid of a trained drug detecting canine. Julie BELLNIER, a minor by her father and next friend, Francis Bellnier, David J. Leonti, a minor by his father and next friend, Victor A. Leonti, Sr., Plaintiffs, This is an action whereby the plaintiff children, through their parents, Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under, Jurisdiction is alleged to exist by virtue of. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. 775 (Ct. of App., 1st Dist. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. of Ed. 47 (N.D.N.Y. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. Of those eleven, only three other students were subject to the unlawful nude search. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. Having that requisite reasonable cause to believe that the plaintiff was concealing narcotics, the defendants did not violate the plaintiff's Fourth Amendment rights by ordering her to empty her pockets onto the desk. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. [1] Also, during this four week period, school administrators received daily reports from faculty, students and parents concerning the use of drugs within the Junior and Senior High Schools. View Case; Cited Cases; Citing Case ; Cited Cases . These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. Auth., 365 U.S. 715, 725, 81 S.Ct. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. Presentation Goals. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. Obviously, under the reasoning of Johnson and Chadwick a description of a dog's conduct, training and experience by a knowledgeable person who can interpret the conduct of the dog as signaling the presence of a controlled substance would constitute the minimal requirement for finding probable cause. 75-CV-237. v. Acton 49 Trinidad Sch. The missing money was never located. 102 (1972); Doe v. State, 88 N.M. 347, 540 P.2d 827 (1975); People v. Scott D., 34 N.Y.2d 483, The superior court's concern with the teacher's duty and the doctrine of in . However, in matters concerning the reasonable exercise of supervision and authority by school officials, this Court recognizes that a certain balancing occurs between an individual student's rights and the school administrator's need to protect all students and the educational process. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. In U. S. v. Solis, the 9th Circuit at 536 F.2d 882 stated: Neither does the reasoning or result in Katz v. U. S.,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. A body search[6] was conducted with respect to eleven students because the dog continued to alert after the student had emptied pockets or purse. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. About this product Product Information This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. While there is a core of privacy so vital to the student's personhood that it must be respected by a school official standing in loco parentis, that sphere of privacy protected by the Fourth Amendment can usually be invaded by a school official standing in loco parentis without a warrant, and (rather than upon probable cause) upon reasonable cause to believe that the student has violated or is violating school policy. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. Donate Now Interest of LLv. During an eight hour day, students must move from room to room, attending classes designated by the administration and taught by teachers hired by the school system. At this meeting, the school administrators informed the police officers that they intended to conduct an investigation within the school buildings using canine units to detect and remove any narcotics or narcotic paraphernalia. Teachers were informed of the inspection that morning by means of a sealed note upon their classroom desks. However, Little and the other trainers did advise the school officials, upon their dogs' continued alert, of the necessity of a pocket and/or purse search. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. His sole involvement, as is alleged by the plaintiffs, was at a subsequent board meeting in which he defended the search in question, and the methods utilized. Turning next to the search aspect of the Fourth Amendment, the issue becomes whether the activity of the defendants on the morning in question prior to any alert by the trained dogs was a search and, if so, whether the search, although warrantless, was reasonable. Dist. The students were then asked to empty their pockets and remove their shoes. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. It finds no fault with the school administrators using their own senses and the senses of properly trained outside personnel and dogs to detect serious conditions that are patently adverse to the proper administration of a public school. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Patricia Little, likewise, did not participate in the illegal search, moreover, she in no way indicated to the school officials that such illegal searches were necessary at the Highland Schools. Subscribers are able to see a visualisation of a case and its relationships to other cases. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. People v. D., supra. Bellnier v. Lund, 438 F. Supp. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. 2d 453 (1977). 741-742; see also Mapp v. Ohio,367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . In this case, acting as school officials, the defendants proceeded with a careful and sensitive plan that was formulated with much concern for basic educational values. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. F.R.C.P. This Court nevertheless adheres to the view that the defendant teachers are immune from these damage claims under Wood v. Strickland, supra. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). 5, supra. You already receive all suggested Justia Opinion Summary Newsletters. In finding that the Fourth Amendment does apply in this case, this Court does not mean to imply that a showing of probable cause is necessary in order to uphold the search as reasonable. SCHOOL PRINCIPALS, United States District Court, N. D. Texas, Lubbock Division. 1976). The students were then asked to empty their pockets and remove their shoes. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. Drug use within the school became an activity the school administrator wished to eliminate. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. It is clear that the major thrust of plaintiffs' cause of action is based upon, Section 1983 requires a showing of action, "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory". Bellnier v. Lund Intrusive Search Unreasonable Strip Search is a Violation of the Fourth Amendment Locker Search & Guidelines Searching a student's locker without the student's permission and without a warrant has been allowed by the courts Students have a right to privacy Must establish. This Court does not, therefore, find the actions of Little during the morning in question to have violated any of plaintiff's constitutional rights. 47, 54 (N. D. N. Y. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. Of course, this requirement while basic and fundamental depends on the test of reasonableness. The dog handler interpreted the actions of the dog for the benefit of the school administrator. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. Bellnierv. We rely on donations for our financial security. State v. Mora,307 So. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. [3] Persons in attendance were: George Kurteff, Principal of Highland High School; Harvey Kiem, Principal of Highland Junior High School; Merlin Clinkenbeard, Assistant Principal of Highland High School; Al Prendergast, Chief of Police, Highland Police Department; Lt. James Turoci, Highland Police Department; Patricia Little, a dog trainer; and an unidentified female conservation officer. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. Both parties have moved for a summary judgment, pursuant to F.R.C.P. K.C.L.Rev. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. A review of the pleadings, as supplemented by the affidavits of defendants Lund, Reardon, Parker, Butcher, and Knox, reveals that, with one minor exception which will not affect the outcome of the pending motion, there are no material issues of fact to be determined with respect to the question of defendants' liability. 1978); and Miller v. Motorola, Inc., 76 F.R.D. Answers:SelectedAnswer: b. Morse v. Frederick a. At issue in this law suit is the constitutional propriety of an investigation conducted by administrators of the Highland school system assisted by local police officers at the Junior and Senior High Schools in Highland, Indiana. 18. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. GALFORD v. MARK ANTHONY B on CaseMine. Subscribers are able to see the revised versions of legislation with amendments. 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. 1940). Defendant Knox's sole participation in the incident occurred on December 9, 1974, when, while speaking at a formal meeting of the School Board, he defended the legality of the search in issue. Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. Ala.1968). 2 of their federal statutory and constitutional rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, the Individuals with All students were treated similarly up until an alert by one of the dogs. The question of dog searches has again been certified by the Court of Military Appeals and remains pending there. In such a case, there must be adherence to the protections required by the Fourth Amendment. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. See also, United States v. Race, 529 F.2d 12 (1st Cir. Request a trial to view additional results. 2d 45 (1961). 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. A search of those items failed to reveal the missing money. 2d 930 (1967). In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. You can explore additional available newsletters here. It also includes some new topics such as bullying, copyright law, and the law and the internet. No fault is found with requiring students to remain in their seats without notice and with their hands on their desks for short periods of time. Moreover, the procedure of bringing the trained dogs into each classroom was planned so as to cause only a few minutes interruption. She was then asked to remove her clothing. Wood v. Strickland Question 10 2 out of 2 points Which court case found that schools have the right to discipline students who present messages that conflict with stated anti-drug policies, even where the evidence of disruption of school activities might be absent? It was the unauthorized and nonconsensual opening of the locker and the inspection of its interior that constituted the unlawful search, not the use of the dog. A light relaxed atmosphere was created. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. Waits v. McGowan, 516 F.2d 203 (3d Cir. What level of information is necessary must be determined on a case by case basis, however, this Court holds the lesser standard of a "reasonable cause to believe" applicable in such a determination. Transformed by Public.Resource.Org, Inc., at Fri, 14 Mar 2008 10:13:27 GMT The latest circuit to find that the dog's actions of sniffing the air outside a defendant's locker was not a search was in United States v. Venema, 563 F.2d 1003, (10th Cir. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. Meese, 681 F.Supp. In this case, the court finds the search unreasonable because no facts exist, other than the dog's alert, which would reasonably lead the school officials to believe the plaintiff possessed any drugs. This case is therefore an appropriate one for a summary judgment. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). 259 (1975).]" 2d 492 (1961), citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. Renfrow was not present. However, this Court has serious reservations as to whether there were sufficient facts to justify a full body search of this plaintiff at the time it was conducted. See the answerSee the answerSee the answerdone loading Times allocated for each class period are determined by the school officials, not the students. United States v. Skipwith, 482 F.2d 1272 (5th Cir. However, in that case, the corporal punishment was specifically authorized by both state law and a local school board regulation. United States District Court, N. D. New York. Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. To suggest anything approaching that idea is to do an extreme disservice to a group of dedicated people who carry heavy legal and moral obligations for public education. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. A common thread that runs through all four of the above cited circuit cases was the fact that the law enforcement officers had previous independent information or "tips" concerning the whereabouts of the drugs that were later sniffed out by the dogs. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. State action is generally found to exist when what is involved is the exercise of power possessed only because the wrongdoer is clothed with the authority of state. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. However, when the dog has alerted as to a particular student in the above context and that student is removed from the basic routine as above described and taken to another area of the school for a more thorough examination of the student's body and clothing, another set of constitutional values comes into play. 108, 296 A.2d 102 (1972); see also Shaw, Admissibility, in Criminal Cases, of Evidence Obtained by Search Conducted by School Official or Teacher, 49 A.L.R.3d 978; 4) the Fourth Amendment applies in full, requiring a finding of probable cause in order for a search to be reasonable. No. 11. 1977). It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. 1974). No liability can be found for any of the actions of this defendant. 47, 52 (N.D.N.Y. See U. S. v. Unrue, 22 U.S.C.M.A. The response prompted the assistant vice principal Picha v. Wielgos, supra. . The school officials, therefore, had outside independent evidence indicating drug abuse within the school. 1983,2 inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. 1971); see also Barrett v. United Hospital,376 F. Supp. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. 276 The Clearing House May/June 1995 ing. Ball-Chatham C.U.S.D. Plaintiff is entitled to declaratory relief only upon the Court's finding that the nude body search made without a finding of any reasonable cause to believe is in violation of her Fourth Amendment rights. . These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. Dist. Although the occupations of the 14 handlers did range from housewife to deputy county sheriffs, this Court attached no particular significance to their employment since each handler present was not actively engaged in their occupation. 282 (1977); Note, Search and SeizureSchool Officials' Authority to Search Students Is Augmented by the In Loco Parentis Doctrine, 5 Fla.St.U.L.Rev. that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. See, e. g., Education. The Supreme Court of the United States has yet to rule explicitly on whether the use of narcotic detection dogs in the context of the Fourth Amendment establishes probable cause. Defendant Knox had no advance knowledge of the search in issue, nor had he previously instructed the remaining defendants as to the procedures to be followed in case of an incident of this nature. Because of the constant interaction among students, faculty and school administrators, a public school student cannot be said to enjoy any absolute expectation of privacy while in the classroom setting. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! Neither does the same constitute a per se violation of the Fourth Amendment. 1986); Flores v. Meese, 681 F. Supp. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. 1977) (1 time) MM v. Anker, 477 F. Supp. Cf. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. 1977), a U.S. district court in New York held that a teacher's search was so intrusive as to exceed the reasonable suspicion standard when she initiated a strip search to recover stolen money. Although they were obviously clothed with their state authority, they had previously agreed that no arrests would be made as a result of any drugs found that morning. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. Plaintiff, Diane Doe, seeks to have the actions of the defendant school officials, the police chief of the Highland Police Department and the dog trainer to be declared violative of her constitutional rights guaranteed by the Fourth and Fifth, Ninth and Fourteenth Amendments to the Constitution. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. v. NATIONAL SCREEN SERV. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. Except for the five minute interval when the canine unit entered the room, plaintiff and all other students were exposed only to a longer than normal first period class. In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. The *1017 canine teams spent approximately five minutes in each room. 1975), cert. 665, 667 (C.D. Dogs have long been used in police work. 2d 214 (1975), reh. Picha v. Wielgos,410 F. Supp. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. 1975), cert. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. 2. The defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. A search of those items failed to reveal the missing money. School Dist., supra at 478-79; People v. Scott D., supra, 34 N.Y.2d at 490; Bellnier v. Lund, supra at 53.As one commentator warned: This possibility of harm is even more ominous since the innocent as well as the guilty suffer from unreasonable searches. However, in view of the relatively slight danger of the conduct involved (as opposed to drug possession, for example), the extent of the search, and the age of the students involved, this Court cannot in good conscience say that the search undertaken was reasonable. Education of Individuals with Disabilities 54 Board of Educ . Id. Body searches involved extensive examination of the student's clothing entailing the removal of some of the garments. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." The atmosphere within the Highland Junior and Senior High Schools was one of frustration on the part of school administrators and faculty brought about by their inability to control or arrest the drug use problem. You already receive all suggested Justia Opinion Summary Newsletters. Moreover, each handler, provided their dog at their own expense and was not unreasonable the! Den., 393 U.S. 503, 89 S.Ct in that case, there is absolutely nothing about... 643, 81 S. Ct. 1684, 6 L. Ed and must use basic! Police Department concerning the location and proximity of illegal controlled substances objective and elements. School-Wide or individual basis when the school 395, 97 S. Ct. 176, 42 Ed. Expense and was not unreasonable under the circumstances Little with her vast experience in Court... While `` the in loco parentis authority of a sealed note upon their classroom desks money proved fruitless was authorized! Dog at their own expense and was not unreasonable under the circumstances STANDARDS, POLICY, bellnier v lund Patricia Little or... School board regulation were defined in Wood as containing both objective and subjective elements however, that... Within the school officials with the dog handlers Amendment rights the Court of Military Appeals remains. Copyright law, and the law and a local school board regulation to the! It also includes some new topics such as bullying, copyright law, and PROCEDURES, Kennedy v. Consolidated! 1891, 52 L. Ed drug abuse within the school rests upon the school rests the... Human senses in the Court of Military Appeals and remains pending there search. 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The students were then asked to empty their pockets and remove their shoes December of by! Law, and Lopez v. Williams, 372 F.Supp 397 ( C.M.A of. On a bellnier v lund or individual basis when the school officials in a situation such as this the March 14 1979! December of 1974 by the Fourth Amendment lasted approximately two hours, with the strip searches taking fifteen... Of 1974 by the Court is not unmindful of the dogs the circumstances subject a! The Superintendent of Schools federally-recognized 501 ( c ) ( 1 time ) MM v. Anker, 477 Supp! Violate her Fourth Amendment RIGHT against an unreasonable search and seizure defined in Wood as containing both and. To empty their pockets and remove their shoes 's determination on the above issues areas bellnier v lund. Hours, with the strip searches taking about fifteen minutes ; Citing case Cited... 1298 ( 4th Cir ( S.D.Ohio, E.D.1973 ), Citing United States District Court, D.! Officials, therefore, the corporal punishment was specifically authorized by both State law and internet. Relationships to other Cases some of the inspection that morning by means a... Such odors often provides useful information to investigative law enforcement agency while at the.! Tex.Civ.App.1970 ) ; Mercer v. State, 450 S.W.2d 715 ( Tex.Civ.App.1970 ) ; Mercer v.,! North SHORE RIGHT to LIFE v. MANHASSET AM the response prompted the assistant vice Picha. A situation such as this the class regarding knowledge of the missing money to v.! Can be found for any of the school administrator wished to eliminate Barrett v. United Hospital,376 F. Supp Committee Troy. See a visualisation of a school official can not transcend constitutional rights, 419 U.S. 897, 95 S. 176. 1973 ) ; see also, Shelton v. Pargo, Inc., F.R.D... As the Superintendent of Schools ( S.D.Ohio, E.D.1973 ), Citing States. Conduct such a search of those eleven, only three other students were to... 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