Crime

‘Guerilla-Like Police Tactics’: First American Arrested With Aid of Drone to Appear in Court

Case of N.D. Man Who Was Arrested by Authorities With the Aid of a Predator Drone Gets Ready for Trial

Prosecutors have said the Predator drone was used after warrants were issued and not to investigate guilt in the case but to survey safety before the arrest of Rodney Brossart was made in June 2011. (Photo: Wikimedia)

Late last year, the Blaze brought you the story of the first American said to have been arrested with the help of an unmanned aerial vehicle. Rodney Brossart from Lakota, N.D., had allegedly stolen some of his neighbors cows and the law enforcement used a Predator drone owned by the Department of Homeland Security to help survey the area before his arrest.

On April, 30, Brossart appeared in court where his lawyer called some of the events of the arrest unconstitutional and cited “guerilla-like police tactics,” according to court documents obtained by U.S. News.

Case of N.D. Man Who Was Arrested by Authorities With the Aid of a Predator Drone Gets Ready for Trial

Rodney Brossart (Photo: Nelson County Sheriff's Department via UPI)

As background, here’s what went down in late June 2011 according to our Dec. 2011 report:

According to a wire story on Stars and Stripes, in late June a sheriff went looking for six missing cows on the Brossart ranch, and three men brandishing rifles allegedly chased him off the property.

Fearing a standoff, the sheriff called in ”reinforcements from the state Highway Patrol, a regional SWAT team, a bomb squad, ambulances and deputy sheriffs from three other counties.”

On top of all that, the sheriff also called in an unarmed Predator B (MQ-9 Reaper) drone, which belonged to the border patrol. He said the men on the ranch were carrying rifles, so law enforcement stood down for the night.

The next morning, the predator circled 2 miles above and, with its highly advanced sensor system, ascertained that the ranchers were unarmed. Police then swooped in and made arrests.

This was the first time that the predator — an unmanned aerial vehicle that has become the global symbol of America’s “War on Terror” — has been used to assist local law enforcement apprehend a U.S. Citizen on U.S. soil.

U.S. News reports Brossart’s lawyer Bruce Quick said use of the drone was “outrageous” and that it was “dispatched without judicial approval or a warrant.” State prosecutors responded saying the drone was used after warrants had been issued for Brossart’s arrest and was within the authorities rights to employ:

“Unmanned surveillance aircraft were not in use prior to or at the time Rodney Brossart is alleged to have committed the crimes with which he is charged,” state prosecutor Douglas Manbeck wrote.

Grand Forks SWAT team leader Bill Macki says that the department has had an agreement with the Department of Homeland security to use Predator drones for three years, and that it was called in to make the arrest safer for both Brossart and the force. He says that the department has “received training on the basic capabilities of the Predator” and that they have specific guidelines for “when [they] can or cannot use a drone.”

Manbeck defends that assessment and wrote that the SWAT team used the drone properly.”The use of unmanned surveillance aircraft is a non-issue in this case because they were not used in any investigative manner to determine if a crime had been committed. There is, furthermore, no existing case law that bars their use in investigating crimes.”

UPI (via Huffington Post) reports Manbeck further clarifying that he knows “it’s a touchy subject for anyone to feel that drones are in the air watching them, but I don’t think there was any misuse in this case.” U.S. News states most legal experts would agree drone surveillance does not violate the Fourth Amendment as an unreasonable search. It notes that even Quick agrees with this but said as drones become more prevalent in civilian law enforcement, their intent needs to be considered. “I think we need to think long and hard before we proceed down this path,” Quick said.

Even still, Quick calls the drone a secondary concern compared to other measures employed by the police leading up to Brossart’s arrest, including tasing. The prosecution stated Brossart resisted arrest and they had reason to believe the family was armed.

U.S. News reports Brossart’s case will go to trial in June.

[H/T Huffington Post]

Comments (126)

  • Razlord
    Posted on May 5, 2012 at 7:31am

    FBI Exploited Mental Illness in Latest Fake Terror Case
    Police and court records reveal that three of the five suspects entrapped and arrested by the FBI in a supposed plot to blow up a bridge in Ohio suffer from mental health problems, according to a report posted today by the Cleveland Plain Dealer.
    http://www.infowars.com/fbi-exploited-mental-illness-in-latest-fake-terror-case/

    in dam near every case the fbi supplies and instructs the criminals on how to do the job.
    more bs terr-or-ism.
    ex: fbi put the underwear bomber on the plane.overseas.
    fbi supplied and instructed the use of explosives. pick a terr-or-ist.

    oathkeepers…you are about to become complicit, stand up now or face the same fate as those in govt.

    Report Post »  
    • dont_tax_me_bro
      Posted on May 5, 2012 at 8:49am

      The only mental illness that is being exploited is yours…LOL!

      Report Post » dont_tax_me_bro  
    • Razlord
      Posted on May 5, 2012 at 8:56am

      facts and proof you little pos…

      Report Post »  
    • fangbanger
      Posted on May 5, 2012 at 10:20am

      if you would have said CIA your conspiricy would at least be plausable.
      the article you posted is neither fact or proof. it is an opinion piece with no primary sources, only secondary sources. The only sources it uses are other newspaper articles. In not one of the articles, including the one you posted as well as all the articles it cited, was there one shred of evidence evidence that the FBI instigated the plan. the only thing mentioned was there was an informant.

      lay off the kool-aid

      Report Post » fangbanger  
    • Bum thrower
      Posted on May 5, 2012 at 8:08pm

      In Texas, we still can hang russlers!!

      Report Post »  
    • skippy6
      Posted on May 6, 2012 at 6:41pm

      911 was an inside job…. Someone must have told you over and over that 2+2=5 and now you have taken the bait……You will be very useful to them in reeducation camps…..SUCKA…..

      Report Post » skippy6  
    • teamarcheson
      Posted on May 6, 2012 at 9:22pm

      The government’s military police force has turned into an Ever Present Danger to Liberty and Freedom and is a threat to all of us. Mothers must immediately begin teaching their children that the police are not their friend but their enemy.

      Report Post »  
  • EP46
    Posted on May 5, 2012 at 6:23am

    If we had a real government…they would make laws regarding the use of drones BEFORE using them on civilians. But…barry willl need them to herd the masses into the camps soon, so why waste the time on something like law. When we don’t have a drone handy, we can use a military tank…if no tank is available…just use the military guys with the guns….see, it will all work out.

    Report Post »  
    • CHRIS260
      Posted on May 5, 2012 at 7:20am

      This is a great example of the hypocrisy on the right. Many will look past our government implementing things like this in foreign lands, but use it on our soil and we cry outrage. We put our full faith in the occupation of a soveriegn nation that they are honest with us in their intentions and operations, but see what liars they are when depicting our own citizens. What great fools posterity will show us to be.

      Report Post » CHRIS260  
    • Razlord
      Posted on May 5, 2012 at 7:32am

      do not care…stand by the constitution or hang by it…

      Report Post »  
    • recoveringneocon
      Posted on May 5, 2012 at 8:34am

      EP46
      Its called The Constitution!

      Report Post » recoveringneocon  
    • barber2
      Posted on May 5, 2012 at 10:42am

      CHRIS: glad you weren’t in charge during WW II. We’d all be speaking Japanese or Chinese and either be Muslim or atheists. .

      Report Post »  
    • barber2
      Posted on May 5, 2012 at 10:45am

      Chris: correction: speaking Japanese or German…

      Report Post »  
    • G-WHIZ
      Posted on May 5, 2012 at 11:17am

      Can you say…..“FEMA camps”?….adn “held indefinitely w/o constitutionaly-provided [1-fonecall, a lawyer, held in solitary-confinement incomunicado]?!

      Report Post »  
    • mike1127
      Posted on May 7, 2012 at 9:02pm

      RAZLORD: Well said. I couldn’t agree more.

      Report Post » mike1127  
  • Paralleluniverse
    Posted on May 5, 2012 at 5:11am

    Ironic; how easily and without hesitation the Feds use a drone to help arrest an American citizen within the U.S. but cannot use the same to control illegal immigrants entering from mexico!

    Report Post »  
    • cassandra
      Posted on May 5, 2012 at 7:30am

      You got that RIGHT,I hear there are trails in the north west where illegals are comming in from Canada but the EPA won‘t let the border patrol agents use their ATV’s on trails so I want to hear they are going to start using drones in this area, When they start using these drones to stop the illegals I will feel better about them

      Report Post »  
    • barber2
      Posted on May 5, 2012 at 10:12am

      But Big Brother Obama does NOT want to close the borders. Bad publicity. He would lose those precious votes. Hey, it’s all about what is best for the Democrat Party, not what is best for America. It’s all about ” Winning.” It’s all about power .

      Report Post »  
    • Boson Higgs
      Posted on May 6, 2012 at 12:13pm

      If you had read the Blaze article, you would know that the drone, “which belonged to the border patrol”, was borrowed from the Border Patrol. Since the accused lived in North Dakota (and less than 65 miles from the Canadian border), one might assume that “the border patrol” was using that drone to patrol the border. Of course, this is the conclusion from a logical mind; I’m sure that you have other explanations.

      Report Post » Boson Higgs  
  • lassiegirldawn
    Posted on May 5, 2012 at 3:51am

    Tennessee Football Coach fired for making Obama song. He’ll make more money when this song becomes a big hit than he would teaching school.
    Tennessee middle school assistant football coach, age 26, fired for a song he wrote and played!
    This could be the next number one hit country song. It’s the best effort yet at encapsulating the outrage at the oversteps of this government in an entertaining song.
    Apparently, the guy was fired over the song because some parents complained. If you like it, help it go “viral” by passing it along to everyone you know.
    Click for a Great Song!!!
    http://video.staged.com/dtglobal59/tennessee_football_coach_fired_for_making_obama_so

    Report Post »  
  • Christianmyson
    Posted on May 5, 2012 at 3:44am

    Suzaane D you need to get you a man to give yourself something to do lol lol no really, the law man was the problem, when men are forced to defend themselfs with guns against cops there is way more to the storie than you are hearing, 99% of men do not turn to guns unless it is moved passed just some cows get real, the power of the gov when turned against you is never greater untill that moment. so come out of your little world and think, what is realy going on here? have a nice day sweetheart.

    Report Post »  
    • fangbanger
      Posted on May 5, 2012 at 11:27am

      or they stole the cows and wanted to intimidate the sherriff. hence the sherriff calling in backup.

      Report Post » fangbanger  
  • lassiegirldawn
    Posted on May 5, 2012 at 3:43am

    If you really want to know what is going on check out the video below. This is why we have had our last election if people do not get involved and speak out.
    http://beforeitsnews.com/story/2083/123/Joel_Skousen_:_America_To_Be_Nuked_This_Summer_Video.html

    Report Post »  
    • Razlord
      Posted on May 5, 2012 at 8:01am

      yes, will be another false flag.

      Report Post »  
    • dont_tax_me_bro
      Posted on May 5, 2012 at 8:44am

      Just more fear mongering and paranoia from Brother Becks koolaid drinkers. You people are the equivelant of the left wing loons. Except you are on the far right….LOL!

      Report Post » dont_tax_me_bro  
    • Smokey_Bojangles
      Posted on May 5, 2012 at 9:10am

      We have not had a real election in like 25 years.Get real.

      Report Post » Smokey_Bojangles  
    • Cosmos102
      Posted on May 5, 2012 at 9:41am

      I have to agree with Dont_Tax_Me_Bro on this one. Some of you think just because Beck has a personal opinion on something, that makes it fact. I like to do some critical thinking for myself. WW3 would have to start, with a foreign attack on domestic soil for Obama to get away with declaring Marshal Law. He could stop all the OWS violence right now by simply giving an order. He chooses not to. Obama will be impeached for treason if he even tries to steal an election this way. People will see right through it, including Congress, and the Supreme Court. You people who give Beck’s Dooms day prophecies so much credence need to take a breath, and think for a moment. While Glenn has been predicting food shortages due to inflation, we are now 5 months away from the election and that still hasn’t happened. However, the company Beck shills for, “Food Insurance”, has made money hand over fist! Glenn is also responsible in part for the rise in the price of Gold. I have problems with a lot of what Beck says. I could go on, but I’ll stop for the sake of brevity. I do agree with a most of it though, when he sticks to telling the news, not predicting Armegedon. And I like Beck‘s reporting a lot more than I do Bill O’Reilly’s. Beck has accomplished a great deal and deserves a lot of credit. Don’t misunderstand…I just think the dooms day prepping is over the top.

      Report Post » Cosmos102  
    • chicago76
      Posted on May 5, 2012 at 9:32pm

      Beck may or may not be a prophet but some of the people writing negative about him here are really glassy eyed. First, it will be impossible to impeach Obama. The Democrats won’t let it happen. Second, Obama is stealing the election right now. All that money he printed the last four years is paying off. Anyone who wants social security now gets it. He has more than four million new people on the government benefits payroll since he took office. That is four million voters for him. He will probably put another million on government benefits before the election. Also, they have already tried to make Americans enemies of the state and subject to their interpretation to the new terrorist act. Remember that case of the Michigan militia. The government tried to claim the militia was waging war with the US government. Had they been able to convince a judge of that, the door would have been thrown wide open for the US government to start arresting citizens here and locking them away without constitutional rights or privileges as enemy combatants. Think that is so far fetched now.

      Report Post »  
  • NineteenEighty4
    Posted on May 5, 2012 at 3:17am

    Why are we treating our citizens like enemy combatants?

    Report Post »  
    • justangry
      Posted on May 5, 2012 at 3:40am

      Because everyone fears the boogyman. Heck there‘s still people here that acutally admire the R’s who voted for this crap.

      Report Post » justangry  
    • lassiegirldawn
      Posted on May 5, 2012 at 3:44am

      Because the ones that speak out are to them

      Report Post »  
    • RepubliCorp
      Posted on May 5, 2012 at 4:41am

      as long as you are growing tomatoes they will get bored and go away….

      Report Post » RepubliCorp  
    • Meyvn
      Posted on May 5, 2012 at 5:29am

      Since a week after 911 I have been saying this.

      Report Post » Meyvn  
  • JohnLarson
    Posted on May 5, 2012 at 2:56am

    Guerilla-like police tactics? I didn’t know Michelle was a cop.

    Report Post »  
  • infidel4life
    Posted on May 5, 2012 at 2:48am

    The cops will lie their asses off to get permission to bring out the big guns and play Rambo instead of actually doing some real police work. What was the cost of that exercise in sabre-rattling in taxpayer dollars compared to the price of six cows? If this is where law enforcement is headed we are closer to a police state than you might think.

    Report Post »  
    • Baddoggy
      Posted on May 5, 2012 at 4:27am

      100% correct. We have entered into a Police State that we will be sorry we ever invented. The war on drugs is a farce to control the people in the end!

      Report Post » Baddoggy  
  • johnVMFA122
    Posted on May 5, 2012 at 2:22am

    While I see no real violation of his rights in this case, and I mean THIS application of the drone, the question is not whether this is good or bad. The question needing to be asked is where do we as a free people want to draw the line. We must then ask ourselves how many lines in the sand have been obliterated by the creeping police state and can the be trusted to stop this time. I answer that no, they cannot be trusted, and yes, they will be using these things someday to watch me having sex with my wife on infrared while they spank the monley and eat cheesy poofs. I have zero trust for these assclowns, and the use of drones to monitor our every move must stop.

    Deploy them to our borders and our shores, but over a cornfield in Nebraska??? I hope John Deere starts making tractors with surface to air missiles.

    Report Post »  
  • eramthgin
    Posted on May 5, 2012 at 2:06am

    This is so wrong on so many levels. Two questions when does TSA change its name to gestapo and when will they arm the drones?

    Report Post » eramthgin  
  • eramthgin
    Posted on May 5, 2012 at 2:03am

    This is so wrong on so many levels. When does TSA change its name to Gestapo?

    Report Post » eramthgin  
    • VanceUppercut
      Posted on May 5, 2012 at 3:36pm

      Wait, I thought you were the ones who are supposed to be tough on crime. Oh wait, the suspect isn’t black. I understand now.

      Report Post »  
  • AOL_REFUGEE
    Posted on May 5, 2012 at 1:50am

    Are you planning on cutting off one of your ears?

    If not, do give it some degree of consideration.

    Report Post » AOL_REFUGEE  
  • Master_and_Commander
    Posted on May 5, 2012 at 1:14am

    ok I read that wrong, they weren’t shooting the police, they just appeared to be armed. Better to use a drone to find that out than endangering a police officer. Get over yourselves, people, stop jumping at every mention of a drone

    Report Post »  
    • decendentof56
      Posted on May 5, 2012 at 7:17am

      Jump at ANY mention of a drone unless it is directly over the border and looking for illegals crossing. .

      Report Post »  
  • Master_and_Commander
    Posted on May 5, 2012 at 1:11am

    Ok, nothing wrong with this story, guys, why are you freaking out? Not like the drone was spying on him in the shower, he was shooting at the freakn police for crying out loud. As far as I’m concerned, you shoot our cops, they can nuke you out of your house if they have to.

    And all of you claiming that this is a waste of taxpayer money, how much money and time and blood was saved by using one drone instead of dozens of police officer bodies?

    Seriously is every advance in technology going to be labeled a massive government overstep? Why don‘t we just equip our cops with 18th century gear so they can’t be accused of ”Invading privacy”.

    We have the Law, folks, be worried about that. When people begin changing the laws, that is when you have the right to get angry, not here though, this ”outrage” is just ridiculous…

    Report Post »  
    • Baddoggy
      Posted on May 5, 2012 at 4:29am

      When they are peeking over your fence to see if you have a vicyory garden you will see how blind, stupid and dumb you really are to what is happening. Wake up fool!

      Report Post » Baddoggy  
    • CHRIS260
      Posted on May 5, 2012 at 7:23am

      But they were ONLY….wow!

      Report Post » CHRIS260  
  • MEANS2RESIST
    Posted on May 5, 2012 at 12:50am

    I‘m afraid we ain’t seen nothin yet. They have drones that can see thru the walls of our homes. :-(

    Report Post » MEANS2RESIST  
  • korbin
    Posted on May 5, 2012 at 12:49am

    More government abuse of our tax dollars. Remember the oath breakers across the country want to and are pitting the people against the police and the police against the people. get used to it, it is no longer to protect and serve but to cause, arrest, show substantial and most of the time overbearing force, with military gear. baton and a 1911 should be sufficient for most police departments. they used to have the how can I help you attitude but with the hundreds of new laws in acted every week the police/government doesn’t need a reason, arrest and look up the law you broke, POLICE, SHERIFFS, FBI, DHS,CIA,NSA,PARK RANGERS,FISH AND GAME,SS,ICE,DEA my GOD keep your oaths, this isn’t NAZI Germany, we the people are the government. You all should think long and hard before you make a decision on the job whether your orders are Constitutional or not. It’s up to you to be an oath keeper. Remember you to have family, friends who are regular citizens and one day they may fall victim to an over zealous law enforcement agency and subject to their commands. oathkeepers.org

    Report Post »  
    • korbin
      Posted on May 5, 2012 at 1:03am

      Look at congress and this president to back up my claims above. they all to willingly passed the NDAA which is completely UNCONSTITUTIONAL, their way of dealing with every bill they pass is let the higher court determine if a law is Constitutional or not. Nancy pelosi we will read the bill after we pass the bill. Don’t be so willing to give up your liberty and freedoms in the name of terrorism or any other disaster. oathkeepers.org we can all work together as Americans and keep our oaths to defend the US Constitution. Thats it real simple, it will buy us enough time to get some sanity back in the COUNTRY.

      Report Post »  
    • Baddoggy
      Posted on May 5, 2012 at 4:30am

      Our 4th Ammendment has been gutted and people dont even know it. Its sickening!

      Report Post » Baddoggy  
    • RepubliCorp
      Posted on May 5, 2012 at 4:49am

      just wait for the day workmens comp / SSI gets a few of these….. It will pay off for the tax payer then

      Report Post » RepubliCorp  
    • Razlord
      Posted on May 5, 2012 at 7:51am

      2nd amendment was written exactly for this type of thing…

      Report Post »  
  • Brasil2520
    Posted on May 5, 2012 at 12:44am

    A drone arrest in N.D. ? over stolen cows !

    You would think that camera would be along the Mexican border, maybe the drone wouldn’t be PC on the border ?

    Report Post » Brasil2520  
  • DEFCON4
    Posted on May 5, 2012 at 12:34am

    They even have a bear in the air……….

    Report Post » DEFCON4  
  • lukerw
    Posted on May 5, 2012 at 12:31am

    Total Freedom is the opposite… of Security… and of Law & Order… where Freedom is Lost in the pursuit of opposites. So, rather than a Focus upon Freedom… we hire Full Time Guards, paid by unlimited Taxes, who are Focused upon Law & Order… and Freedom disappears!

    We are heading toward our own Self Created… Hell on Earth!

    Report Post » lukerw  
    • blackyb
      Posted on May 5, 2012 at 12:41am

      Criminals just ruin it for everyone. I am glad they caught their cow stealing azzes.

      Report Post » blackyb  
  • HorseCrazy
    Posted on May 5, 2012 at 12:29am

    well as a ranch gal i regularly ride around with my rifle. does this make me look dangerous from the sky? I don’t want anyone spying on me or my land the privacy implications of this entire drone issue are huge for once I hope our government makes a good proper decision to keep our freedoms I have had enough with the helicopters various counties I own property in send over my land to see if me or my neighbors have built barns without permits. I am sick of this government intrusion, snooping etc with no cause. I am not holding my breath they will uphold our freedoms.

    Report Post »  
    • Suzanne D
      Posted on May 5, 2012 at 2:49am

      You obviously did not read this article carefully enough, nor did you read the other two articles it links to. The Sheriff had a search warrant, according to the Stars and Stripes article. The Sheriff was chased off the property by three armed men. Not wanting a shootout to take place, they used the drone to ascertain whether the men were currently armed … when they had put down their guns, the police arrested them without any loss of life. How you can conceivably weave this into a privacy intrusion is beyond me.

      Report Post » Suzanne D  
    • sawbuck
      Posted on May 5, 2012 at 3:57am

      Susan D
      Your normal bias is showing.
      Horse Crazy read it right…She can read “between”
      the lines of the story….Something I’m afraid your unable
      to do yet…If your not careful …You will assimilate into the
      New Order of things quite well…with-out them missing a beat..

      Report Post » sawbuck  
  • cuinsong
    Posted on May 5, 2012 at 12:28am

    Over done for sure! Wonder what it cost? But they did get their man I’ll give them that and nobody got hurt! Yeaaaaaaa

    Report Post » cuinsong  
  • Smokey_Bojangles
    Posted on May 5, 2012 at 12:19am

    What do I fear more.Cattle Rustlers?Terrorist? Or the out Of Control Government? I do Not have any Cows. My Doctor is an Arab and has had his hand in places TSA likes to go.So I guess that just leaves Government.

    Report Post » Smokey_Bojangles  
  • Darmok and Jalad at Tanagra
    Posted on May 5, 2012 at 12:18am

    He was rustling cattle, even though they wandered onto his land, thats cattle rustling. Isn’t that still a hanging offense?
    Besides, his mugshot is worse than Nick Nolte’s. That is worth at least 5 years right there.

    Report Post » Darmok and Jalad at Tanagra  
    • blackyb
      Posted on May 5, 2012 at 12:43am

      Yep, I believe your’re right. Lol.

      Report Post » blackyb  
    • Suzanne D
      Posted on May 5, 2012 at 2:50am

      If he was innocent, then why was the Sheriff — who had a search warrant — chased off the property by three armed men? Care to explain that?

      Report Post » Suzanne D  
  • noland
    Posted on May 5, 2012 at 12:16am

    Thats pretty scarryyyy!!! Whos the GOOD GUYS?? Are we on the right side or is the right side the bad side?? Are there really any GOOD GUYS Left??

    Report Post »  
    • blackyb
      Posted on May 5, 2012 at 12:43am

      It depends on if you want to get away with crimse, win a case or want Justice for some thief stealling your cows. I go with the thieves getting their azzes caught, myself.

      Report Post » blackyb  
    • blackyb
      Posted on May 5, 2012 at 12:44am

      Use your head. The drone is a good little guy thing. Love it.

      Report Post » blackyb  
    • blackyb
      Posted on May 5, 2012 at 12:45am

      What is scary about it? Catch ‘em anyway you can get ’em.

      Report Post » blackyb  
    • Razlord
      Posted on May 5, 2012 at 7:42am

      blackyb ,
      can tell you have know dam clue what is going on…

      the cows went onto this mans’ land by themselves…multiple times.
      after the last is finder’s keepers. the previous owner’s were informed
      of their meandering livestock and did nothing.
      thus, ownership is 9/10s percent of the law.

      you better get a clue.

      Report Post »  
    • Razlord
      Posted on May 5, 2012 at 8:02am

      no dam clue.

      Report Post »  

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