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Nuclear Unicorn

(19,497 posts)
Sun Jun 29, 2014, 09:22 AM Jun 2014

Massachusetts SWAT teams claim they’re private corporations, immune from open records laws

As part of the American Civil Liberties Union’s recent report on police militarization, the Massachusetts chapter of the organization sent open records requests to SWAT teams across that state. It received an interesting response.

As it turns out, a number of SWAT teams in the Bay State are operated by what are called law enforcement councils, or LECs. These LECs are funded by several police agencies in a given geographic area and overseen by an executive board, which is usually made up of police chiefs from member police departments. In 2012, for example, the Tewksbury Police Department paid about $4,600 in annual membership dues to the North Eastern Massachusetts Law Enforcement Council, or NEMLEC. (See page 36 of linked PDF.) That LEC has about 50 member agencies. In addition to operating a regional SWAT team, the LECs also facilitate technology and information sharing and oversee other specialized units, such as crime scene investigators and computer crime specialists.

Some of these LECs have also apparently incorporated as 501(c)(3) organizations. And it’s here that we run into problems. According to the ACLU, the LECs are claiming that the 501(c)(3) status means that they’re private corporations, not government agencies. And therefore, they say they’re immune from open records requests. Let’s be clear. These agencies oversee police activities. They employ cops who carry guns, wear badges, collect paychecks provided by taxpayers and have the power to detain, arrest, injure and kill. They operate SWAT teams, which conduct raids on private residences. And yet they say that because they’ve incorporated, they’re immune to Massachusetts open records laws. The state’s residents aren’t permitted to know how often the SWAT teams are used, what they’re used for, what sort of training they get or who they’re primarily used against.

http://www.washingtonpost.com/news/the-watch/wp/2014/06/26/massachusetts-swat-teams-claim-theyre-private-corporations-immune-from-open-records-laws/


I'm sure it will be calmly explained that this is all for our own good and we're too inexperienced to comment let alone actually pursue an alternate course of action.
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Massachusetts SWAT teams claim they’re private corporations, immune from open records laws (Original Post) Nuclear Unicorn Jun 2014 OP
Went to the Martha Coakley page (running for gov) PuraVidaDreamin Jun 2014 #1
Private SWAT = Mercenaries. alfredo Jun 2014 #2
Exactly! ReRe Jun 2014 #14
Except they aren't private. They're 100% taxpayer supported. They're rogues. Nuclear Unicorn Jun 2014 #15
Like Blackwater? alfredo Jun 2014 #34
No. These are all city/state employees. Nuclear Unicorn Jun 2014 #35
Still, I think calling them mercenaries to paint them in the worst possible light. If they want to alfredo Jun 2014 #37
If it's a matter of PR framing Nuclear Unicorn Jun 2014 #40
Mercenary is a neat compact frame. alfredo Jun 2014 #62
they aren't private - they're still paid by public funds TorchTheWitch Jun 2014 #18
I think it is best to call these SWAT teams mercenaries until there is full disclosure. alfredo Jun 2014 #36
That's funny... my 501(c)(3) has open records. mwooldri Jun 2014 #3
K&R Babel_17 Jun 2014 #4
Politicians are cops too scared to do their own killing. Nuclear Unicorn Jun 2014 #16
Please see my post number #22. Start with the City Manager. DhhD Jun 2014 #23
This isn't a "city" thing, though--this sounds like a state problem. MADem Jun 2014 #26
i suppose private prisons can torture, then? unblock Jun 2014 #5
Except this isn't outsourcing. The LECs are 100% taxpayer supported. Nuclear Unicorn Jun 2014 #17
it's stories like this barbtries Jun 2014 #6
Me, too. Will the Supreme Court have to rule? duhneece Jun 2014 #7
This is crap. blackspade Jun 2014 #8
REX-84 had plans for the Citizen's Militias to help out in the Big Round-Up. Octafish Jun 2014 #9
This must be related to the Fusion Centers around the country. dixiegrrrrl Jun 2014 #42
Jeremy Scahill wrote that it wasn't wise octoberlib Jun 2014 #10
These aren't private "security" firms. These are public employees that are 100% taxpayer support Nuclear Unicorn Jun 2014 #19
I see. This is what happens when I don't bother to read the article. octoberlib Jun 2014 #29
No worries. In a way I wish you were right. At least then we could Nuclear Unicorn Jun 2014 #30
I believe them ybbor Jun 2014 #11
And some people think we should repeal the Second Amendment. NYC_SKP Jun 2014 #12
Not only would they repeal the 2nd they would employee these very same lawless paramilitary forces Nuclear Unicorn Jun 2014 #20
I don't get the drive to disarm citizens as the neo Pinkertons take over TheKentuckian Jun 2014 #28
So a bunch of dudes with mini arsenals are going to take on a militarized police force? BrotherIvan Jun 2014 #38
I don't want this to be seen as an endorsement for insurrection but Nuclear Unicorn Jun 2014 #41
I did think of Afghanistan in particular BrotherIvan Jun 2014 #44
The police are militarizing themselves against civilians, even innocent civilians. Nuclear Unicorn Jun 2014 #47
I agree that cops should not be militarized as that would no longer serve their purpose BrotherIvan Jun 2014 #50
First, not "dudes", exclusively. Second, grab yerself a history book. Take VietNam, for example. NYC_SKP Jun 2014 #51
It's always funny when the real gunner logic come out BrotherIvan Jun 2014 #54
you go with that, the namecalling and broadbrushing, because beyond that you ain't got shit. NYC_SKP Jun 2014 #56
.. BrotherIvan Jun 2014 #59
Essentially, the message sulphurdunn Jun 2014 #13
When do We The People get to call it a coup? n/t Nuclear Unicorn Jun 2014 #60
Every law enforcement official that went through the process of converting LiberalFighter Jun 2014 #21
It's my understanding that they would have to be approved PotatoChip Jun 2014 #43
To be a 501(c)3 in Massachusetts they also need to be with the IRS. LiberalFighter Jun 2014 #45
Are you sure that it is not both? PotatoChip Jun 2014 #46
The 401(c)3 is an IRS status. Federal code/regulation. LiberalFighter Jun 2014 #58
I think that we are in agreement. PotatoChip Jun 2014 #61
Lawsuits are being written as we speak dixiegrrrrl Jun 2014 #48
Being Public Servants and payed by taxpayers, their resume(s), job application, and reviews DhhD Jun 2014 #22
That's effed up Android3.14 Jun 2014 #24
They should not be immune, and if it takes legislation to make an MADem Jun 2014 #25
Silly Question Savannahmann Jun 2014 #27
fucked up beyond all reason eShirl Jun 2014 #31
Even if they are a private business, that argument is still BS. Any private corporation that works DesertDiamond Jun 2014 #32
But that's a federal law and a federal agency unrepentant progress Jun 2014 #39
Lots of good info here: MannyGoldstein Jun 2014 #33
then let them fund themselves. spanone Jun 2014 #49
Then they would complete their transition to warlord. They need to be stripped of their Nuclear Unicorn Jun 2014 #52
If they aren't supported by tax dollars then they must be vigilantes. lpbk2713 Jun 2014 #53
Kick out of disgust! grahamhgreen Jun 2014 #55
I have a feeling this is going to get changed pretty quick Marrah_G Jun 2014 #57

Nuclear Unicorn

(19,497 posts)
15. Except they aren't private. They're 100% taxpayer supported. They're rogues.
Sun Jun 29, 2014, 11:08 AM
Jun 2014

They only law they recognize is themselves.

Nuclear Unicorn

(19,497 posts)
35. No. These are all city/state employees.
Sun Jun 29, 2014, 01:04 PM
Jun 2014

You have no argument from me that Blackwater is bad ju-ju but this isn't Blackwater or even Blackwater-esque. These are public employees, the police, distorting the law in order to declare themselves above the law.

alfredo

(60,071 posts)
37. Still, I think calling them mercenaries to paint them in the worst possible light. If they want to
Sun Jun 29, 2014, 01:08 PM
Jun 2014

hide their true nature, then we should assume the worst.

Nuclear Unicorn

(19,497 posts)
40. If it's a matter of PR framing
Sun Jun 29, 2014, 01:35 PM
Jun 2014

a mercenary holds the image of someone paid by the state acting on the state's behalf but still a separate entity from the state. That means the state still has some influence over that entity.

This is the state itself going rogue under its own power. These aren't mercenaries, they are rogue usurpers undermining democratic government.

TorchTheWitch

(11,065 posts)
18. they aren't private - they're still paid by public funds
Sun Jun 29, 2014, 11:12 AM
Jun 2014

and run by public employees, yes?

From what I'm seeing they're just pretending to be a private business so they don't have to disclose their documentation.

mwooldri

(10,302 posts)
3. That's funny... my 501(c)(3) has open records.
Sun Jun 29, 2014, 10:01 AM
Jun 2014

We do so because we're a genuine non-profit and we solicit donations from the public. But I guess that's the way we do things I suppose. If push comes to shove we can find out by asking the governmental agency what they asked the so-called "business" to do and try to eke out information that way. Besides this should go further in the legal process because they are acting as agents for the governmental agency that hired them.

MADem

(135,425 posts)
26. This isn't a "city" thing, though--this sounds like a state problem.
Sun Jun 29, 2014, 11:43 AM
Jun 2014

The PDs are sharing assets between cities and towns and using a shell configuration to make that work.

The state needs to pass a law saying that these types of arrangements, when using public assets, do not exempt said assets from disclosure regulations.

unblock

(52,164 posts)
5. i suppose private prisons can torture, then?
Sun Jun 29, 2014, 10:13 AM
Jun 2014

is that the idea? the government can't restrict free speech or torture but they can outsource governmental operations to private corporations, and if those private corporations then restrict free speech or torture or kill without due process or make unreasonable searches and seizures, well, that's not the government doing that so it's all ok then, is that the idea?

duhneece

(4,110 posts)
7. Me, too. Will the Supreme Court have to rule?
Sun Jun 29, 2014, 10:26 AM
Jun 2014

How long, how many lives could be destroyed before it reaches that level...and then, to think it could go to THIS Supreme Court scares the crap out of me all over again.

Octafish

(55,745 posts)
9. REX-84 had plans for the Citizen's Militias to help out in the Big Round-Up.
Sun Jun 29, 2014, 10:37 AM
Jun 2014

Ollie North wanted the muscle to help keep America safe from forners and protesters.

dixiegrrrrl

(60,010 posts)
42. This must be related to the Fusion Centers around the country.
Sun Jun 29, 2014, 01:50 PM
Jun 2014

TPTB have carved the country up into zones..think FEMA zones, think Governmental Zones,.
Fusion Center info here:
http://www.dhs.gov/state-and-major-urban-area-fusion-centers
and ACLU's take on them, here:
https://www.aclu.org/fusion-centers-force-multiplier-spying-local-communities

there is a push on to remove Gov. positions from public accountability...think of the unelected City Managers, esp. in Detroit.
Spain, Italy, and Greece ..and Ireland???...were all handed over to unelected "managers" who then implemented "austerity", which is another word for stealing tax money and giving it away to un-named cronies.

It is pretty clear that SWAT Teams have become a tool of oppression for the Dark Side.

octoberlib

(14,971 posts)
10. Jeremy Scahill wrote that it wasn't wise
Sun Jun 29, 2014, 10:51 AM
Jun 2014

to allow one of the biggest private para-military forces in the world (Blackwater)to operate in North America. Like-wise private SWAT teams. He wrote that it's a threat to Democracy. Congress has failed to enact legislation that would regulate any of these companies. Dick Cheney absolutely loathed congressional oversight which is why he and Rumsfeld moved to privatize as much of the Armed Forces as they could in the time they had, Looks like police departments are doing the same thing. Corporations could hire these companies ,couldn't they? The implications are terrifying.

Nuclear Unicorn

(19,497 posts)
19. These aren't private "security" firms. These are public employees that are 100% taxpayer support
Sun Jun 29, 2014, 11:12 AM
Jun 2014

claiming private corporate status to skirt their legal obligations.

Nuclear Unicorn

(19,497 posts)
30. No worries. In a way I wish you were right. At least then we could
Sun Jun 29, 2014, 12:16 PM
Jun 2014

appeal to the government to rein them in but when it is the government itself that has gone rogue to whom do we appeal?

Quis custodiet ipsos custodes?

 

NYC_SKP

(68,644 posts)
12. And some people think we should repeal the Second Amendment.
Sun Jun 29, 2014, 10:53 AM
Jun 2014

Said people should reconsider.

This could have been seen coming, privatization of police forces.

It gets more and more like a third world banana republic here every day.

Nuclear Unicorn

(19,497 posts)
20. Not only would they repeal the 2nd they would employee these very same lawless paramilitary forces
Sun Jun 29, 2014, 11:19 AM
Jun 2014

to subdue anyone who refused to obey the dictates. And then they imagine these paramilitary forces will go quietly back into their cages.

TheKentuckian

(25,023 posts)
28. I don't get the drive to disarm citizens as the neo Pinkertons take over
Sun Jun 29, 2014, 11:57 AM
Jun 2014

and our government is captured and sold out to the owners while scarcity is coming.

We are supposed to just lie down while we are deprived of water, forced from our homes, and are put under control? Insane.

BrotherIvan

(9,126 posts)
38. So a bunch of dudes with mini arsenals are going to take on a militarized police force?
Sun Jun 29, 2014, 01:14 PM
Jun 2014


Jesus Christ, does every gunner have dreams of Bundy Ranch? For Fuck's Sake!

Nuclear Unicorn

(19,497 posts)
41. I don't want this to be seen as an endorsement for insurrection but
Sun Jun 29, 2014, 01:41 PM
Jun 2014

history and even the nightly news is filled with accounts of the plebs battling the militarized forces of the establishment. If suppressing insurrections were as easy as some believe Iraq and Syria are the two most recent examples that leap to mind. The former was an insurgency against the most high-tech military in the world; the latter is an insurgency against one of the world's most ruthless regimes.

So, strictly on technical merits, the ability to oppose government force is not as far-fetched as some might suggest.

BrotherIvan

(9,126 posts)
44. I did think of Afghanistan in particular
Sun Jun 29, 2014, 02:09 PM
Jun 2014

And how so many hearken back to such things as the Revolutionary War using "Indian" tactics to fight against a superior enemy. But that is just nonsense. First of all, the desert/mountain fighters in Afghanistan live basically survivalist lives all the time. They are used to a level of physical toil and privation that most Americans can't even dream about. Look at what happened on Bundy Ranch, a bunch of losers who thought they were tough and just ended up fighting each other and some being so looney tunes as to shoot two cops.

Let's just say, that if you want to resist the powers that be, with their incredible military force, it's not going to be with handguns or Rambo ripoffs. It's going to be with IDEAS. Ideas that get a whole lot of people to mobilize and resist. General Strike: see Gandhi. Building community that cuts off the reliance on big corps. Being able to care for and lead themselves. If people think they can hide behind their guns, they are dead wrong.

Nuclear Unicorn

(19,497 posts)
47. The police are militarizing themselves against civilians, even innocent civilians.
Sun Jun 29, 2014, 02:20 PM
Jun 2014

They cannot be assuaged by appeals to higher ideals because they murder and brutalize people day after day without compunction or consequence. They should not be allowed to own any weapon that cannot be readily purchased on the civilian market and their military hardware should be stripped from them. Any officer who acts negligently or maliciously in the conduct of their duties in such a manner that results in injury during a non-violent encounter should face long, hard prison sentences.

BrotherIvan

(9,126 posts)
50. I agree that cops should not be militarized as that would no longer serve their purpose
Sun Jun 29, 2014, 02:29 PM
Jun 2014

They use the excuse that they need superior weapons to civilians. Loading civilians with high-powered weapons has been an excuse for a one-upmanship game. Fighting tanks in the streets or drones or mercenaries in body armor is just a teenage boy's fantasy.

By ideas, I mean the rest of us. We have some basics we need to understand, those that Occupy and others are trying to educate people that the corps are not our friends. That our society can be different. That we don't have to be hamsters on the wheel for shiny things. The religious right is doing its best to confuse the subject: that the problem is gays and abortions and the poor. All so we don't organize. Violent revolutions have never achieved their goal and too many people have died in the process. We KNOW how to do this; we have a blueprint. It will have to be updated for current conditions, but the basics are still relevant.

 

NYC_SKP

(68,644 posts)
51. First, not "dudes", exclusively. Second, grab yerself a history book. Take VietNam, for example.
Sun Jun 29, 2014, 03:01 PM
Jun 2014

How in heaven can some lowly heathens ever resist the mighty American forces????

Who won that one, brother?

Gun haters love to pull out the old, "you really gonna take on the US military", on the one hand and then yell "fucking cop pigs" out of the other in other posts and replies.

All the while missing the main point that the peoples' will often, if not usually, trumps military strength.

See Viet Nam, See the American Revolution, take a little peek at Afghanistan.

yawn.

get real.

BrotherIvan

(9,126 posts)
54. It's always funny when the real gunner logic come out
Sun Jun 29, 2014, 03:46 PM
Jun 2014

Clinging to guns isn't about self-protection from home intruders or animals; it's some bizarre Red Dawn fantasy. And so to feed that fantasy, we have a nation drowning in guns and violence. Other nations have moved on, but the Santa Claus notion that a few rebels can resist keeps us in the Dark Ages. Kids afraid to go to school, people intimidated where they shop, activists getting death threats. Because there's no other way, right? Because Indians didn't defeat the mightiest empire the world had ever known with non-violent resistance? Because MLK never walked? Because the workers of the world can't figure it out to unite so we have to hope some whacko at Chipotle saves us? That's real? You win, because that kind of logic has left me speechless.

 

NYC_SKP

(68,644 posts)
56. you go with that, the namecalling and broadbrushing, because beyond that you ain't got shit.
Sun Jun 29, 2014, 03:55 PM
Jun 2014

Call me a gunner?

I haven't touched a gun in possibly more than a decade.

I work with facts and logic, not emotion, and I look at the history of the world and talk to people regularly from several continents about their conditions and strife.

None of these conversations are about guns or resistance, generally, but more about economics and opportunity.

Maybe you're a genius, or maybe you're an armchair keyboardist opinionated accept what you read without question kind of person.

I don't much care, those who resist logic and truth ultimately become victims of their ignorance.

I would simply prefer that such folks don't take down the rest of society with them and their narrow minds.

Second Amendment, baby!

Fuckin' eh! And it's nice to be in good company, DU and liberal gun owners groups, awesome!

 

sulphurdunn

(6,891 posts)
13. Essentially, the message
Sun Jun 29, 2014, 10:58 AM
Jun 2014

is that what the most militarized and dangerous arm of public law enforcement does is none of the public's business, the public will do nothing about it, their elected representatives will do nothing, and the police aren't too worried about the courts.

LiberalFighter

(50,825 posts)
21. Every law enforcement official that went through the process of converting
Sun Jun 29, 2014, 11:27 AM
Jun 2014

SWAT into 501(c)(3) should be thrown out of their position and lose their pension.

I'm wondering how they are able to incorporate as a 501(c)(3)?

A 501(c)(3) is described as such:

Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.


They don't fall into any of the categories.

PotatoChip

(3,186 posts)
43. It's my understanding that they would have to be approved
Sun Jun 29, 2014, 02:00 PM
Jun 2014

by the Massachusetts Secretary of the Commonwealth (Corporations Division). If I am correct, the state of Massachusetts, by the authority vested in that office has already ok'd the 501(c)(3) status, or they would not exist as such.

I did a search of their site using the search term SWAT and found this page: http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSearchResults.aspx

If you look at the listings, it's hard to say for certain if any one of the listed are them... Furthermore, as a 'private' entity, they may be using some more ambiguous type of name.

ETA: If I am correct, the ACLU is probably already looking into the filing and would hopefully challenge it... If I am wrong, than please just disregard.

LiberalFighter

(50,825 posts)
45. To be a 501(c)3 in Massachusetts they also need to be with the IRS.
Sun Jun 29, 2014, 02:12 PM
Jun 2014

That 501(c)3 status is granted by the IRS not by Massachusetts.

PotatoChip

(3,186 posts)
46. Are you sure that it is not both?
Sun Jun 29, 2014, 02:19 PM
Jun 2014

In most states, I believe that one has to file w/their secretary of state to become a corporate entity.

LiberalFighter

(50,825 posts)
58. The 401(c)3 is an IRS status. Federal code/regulation.
Sun Jun 29, 2014, 04:26 PM
Jun 2014

All that is done at the state level is to file as a corporation and based on the filing with the IRS determines the status at the state level.

States do not confer 401(c)3 status on a corporation or any entity within their borders. They do recognize it in determining tax exempt status based on their own laws.

PotatoChip

(3,186 posts)
61. I think that we are in agreement.
Sun Jun 29, 2014, 04:46 PM
Jun 2014

I've always known that filing non-profit status requires getting a pass w/the IRS-

I was just pointing out that I believe one has to file w/the secretary of state to incorporate whether it be a for-profit or non-profit corporate entity... the further (and main) point being that the state plays a role, that hopefully the ACLU will question.

Sorry I wasn't very clear about that.

DhhD

(4,695 posts)
22. Being Public Servants and payed by taxpayers, their resume(s), job application, and reviews
Sun Jun 29, 2014, 11:30 AM
Jun 2014

are public. Write letters to add to their next review. You can make those public and the letters can have multiple signatures so public knowledge will be attached to their records. The letters could tell who hired them? It is just documentation of their service in the community, to include letters about acts of valor.

MADem

(135,425 posts)
25. They should not be immune, and if it takes legislation to make an
Sun Jun 29, 2014, 11:41 AM
Jun 2014

exception to this particular configuration, the legislature on Beacon Hill should get cracking.

The configuration likely exists to maximize assets over a region, and that's fine. What's not fine is using that configuration to excuse themselves from public scrutiny.

Why would you think that anyone would "calmly explain" that public employees hiding public records behind a shell configuration would be "OK?" That's kind of odd.

 

Savannahmann

(3,891 posts)
27. Silly Question
Sun Jun 29, 2014, 11:47 AM
Jun 2014

If they are a private organization, then how do they get around the Federal Law that requires class 3 Federal License for anyone who owns a fully automatic weapon? Police Officers are exempted from the requirement, but if the Police Officers are doing so for a private organization, then we have a violation of the spirit, if not the letter of the law. Certainly an examination of Federal Grants to Law Enforcement in Massachusetts is warranted. Because if grants and programs targeted to state, county, and local police is instead going to a private organization this is at a minimum misappropriation of funds.

So should we ask the President to announce that the Justice Department is reviewing all Law Enforcement grants and programs from the Federal Government to see if the "private" organization is violating the law? The Rethugs would get on board defending federal funding for private swat teams, they love the things, and it could help us win in November to have the Rethugs on the record as supporting private groups with fully automatic weapons and zero oversight.

DesertDiamond

(1,616 posts)
32. Even if they are a private business, that argument is still BS. Any private corporation that works
Sun Jun 29, 2014, 12:21 PM
Jun 2014

for the government is still answerable as a government entity. I worked for a private corporation that built equipment for the military, and because we worked for them we had to follow all of the same laws that governed the DOD. No, we were NOT exempt from that because of being a private corporation. Buncha BS!

39. But that's a federal law and a federal agency
Sun Jun 29, 2014, 01:28 PM
Jun 2014

These LECs are claiming to be private corporations, hired by municipal police departments, so the same rules don't apply to them.

Don't get me wrong. I think it's bullshit. However they're technically correct.

Nuclear Unicorn

(19,497 posts)
52. Then they would complete their transition to warlord. They need to be stripped of their
Sun Jun 29, 2014, 03:01 PM
Jun 2014

military hardware. They should be restricted to only use what is commercially available to the general population. The use of violence for non-violent offenses should carry stiff criminal penalties.

lpbk2713

(42,750 posts)
53. If they aren't supported by tax dollars then they must be vigilantes.
Sun Jun 29, 2014, 03:05 PM
Jun 2014




And I thought the KKK went out of vogue long ago.

Do they dress in hoods and robes?

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