Lea 4 Module 2

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Law Enforcement Operations and Planning with Crime Mapping Page 1 of 14

Spot Checks/Accosting and Pat Down Searches and Checkpoint

MODULE 2

Welcome Notes:

WELCOME CRIMINOLOGY STUDENTS

I. INTRODUCTION:
Regardless of the type of function to be performed and/or police operations to be conducted, all PNP
personnel must know by heart and shall comply with and apply the following principles and procedures:
 Agency Prescribed Uniform
A police officer shall always wear the agency prescribed uniform which is appropriate for the kind
of police operation to be undertaken.
 Appearing Before the Public
When wearing the police uniform, a police officer shall, at all times, appear presentable, smart
and well-groomed. While on actual patrol duties, he shall refrain from eating along the sidewalks,
smoking and reading newspapers.
“The police must obey the law while enforcing the law.” Earl Warren

II. OBJECTIVES:

At the end of this module, you will be able to:


1. Identify the grounds to perform spot checks, accosting and pat – down searches
2. Determine the guidelines in conducting checkpoints
3. Categorize the types of checkpoint conducts
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Spot Checks/Accosting and Pat Down Searches and Checkpoint

III. PRELIMINARY ACTIVITIES:

Before you proceed to the main lesson, test yourself in this


activity.

Figure 1. Barangay checkpoints in major roads, highways to be removed


https://www.google.com/url?sa=i&url=https%3A%2F%2Ffanyv88.com%3A443%2Fhttps%2Fcnnphilippines.com

GREAT!!!
You may now proceed to the main lesson.

IV. LESSON PROPER

Based on the preliminary activity, what did you notice about


the image?
_________________________________________________
CONGRATULATIONS!
You may now proceed to the lesson.
SPOT CHECKS/ACCOSTING AND PAT-DOWN SEARCHES
Grounds for Spot Check/Search
a. Spot Check/Accosting.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint
 The police officer may stop an individual for the purpose of conducting a spot check/ accosting only
when reasonable suspicion exists. Reasonable suspicion must be more than just a hunch or feeling. In
justifying the stop, the police officer must be able to point to specific facts that, when taken together
with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the
following:
 The appearance or demeanor of the individual suggests that he is part of a criminal enterprise or is
engaged in a criminal act;
 The actions of the individual suggest that he is engaged in a criminal activity;
 Questionable presence of the individual in the area;
 The subject is carrying a suspicious object;
 The suspect’s clothing bulges in a manner that suggests he is carrying a weapon;
 The suspect has been found in the time and place proximate to an alleged crime;
 The police officer has knowledge of the suspect’s prior criminal record or involvement in criminal
activity; and
 The individual flees at the sight of a police officer
b. Body Frisk/Pat-Down Search.
 A police officer has the right to perform a pat-down search if the individual has been legitimately
stopped with reasonable suspicion and when the police officer has reason to believe that the individual
possesses weapon/s on his person and poses a threat to the police officer’s or another person’s safety.
Circumstances which may justify pat-down search:
 The type of crime believed to be committed by the subject, particularly crimes of violence where the
threat of use or use of deadly weapon is involved;
 Where the police officer handles several suspects;
 The time of the day and the location where the pat-down search took place;
Procedures and Guidelines
Spot Check/Accosting
o When approaching the individual, the police officer shall clearly identify himself as a police officer. If not
in uniform, the police officer must identify himself by announcing his identity and displaying official
identification card and/or badge.
o Police officers shall be courteous at all times but maintain caution and remain vigilant for suspicious
movements like attempting to retrieve weapon, conceal or discard contraband, or other similar
actions.
o Before approaching more than one individual, police officers should determine whether the
circumstances warrant a request for back-up and whether the spot check/accosting can and should
be delayed until such back-up arrives.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint
Body Frisk/Pat-Down Search
 When reasonable suspicion justifies a pat-down search, the search should be performed with due
caution, restraint, and sensitivity. Pat-down searches should be conducted in the following manner:
 Whenever possible, pat-down searches should be conducted by at least two (2) police officers, one to
perform the search while the other provides protective cover.
 Because pat-down searches are cursory in nature, they should be performed with the suspect in a
standing position, or with hands placed against a stationary object, and feet spread apart. However,
should an officer visually observe a weapon, a more secure search position may be used like the
prone (lying face down) position.
 In a pat-down search, officers are permitted only to feel the outer clothing of the suspect. Police
officers
Reporting after the Spot Check/Accosting or Pat-Down Search
 If after conducting a spot check/accosting or pat-down search, the police officer has no basis for
making an arrest, he should record the facts of such spot check/accosting or pat-down search and
forward a report to the appropriate authority. If the spot check/accosting or pat-down search gives a
justification for a valid warrantless arrest, then an arrest shall be made.
CHECKPOINTS
Authority to Establish Checkpoints
 Checkpoint is a place where the police check vehicular/ pedestrian traffic in order to enforce circulation
control measure and other laws, orders, and regulations. The establishment of checkpoints must
always be authorized by the Head of Office of the territorial PNP Unit and manned by uniformed PNP
personnel. Other units directly involved in an operation may establish mobile checkpoints in
coordination with the Unit Commander in the area.
Composition
In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited to, the following:
 Team Leader (TL)  Search/Arresting Sub-Team
 Spotter  Security Sub-Team
 Spokesperson  Blocking/Pursuing Sub-Team
 Investigation Sub-team
Guidelines in Conduct of Checkpoints
 Mobile checkpoints are authorized only when established in conjunction with ongoing police
operations. Only officially marked vehicles with blinkers turned on, if available, shall be used in
establishing mobile checkpoints.
 Checkpoints are established to enforce circulation control measure, laws, orders and regulations, and
when there is a need to arrest a criminal or fugitive from justice.
 The composition of the personnel manning the checkpoint shall be left to the sound discretion of the
Team Leader (TL), with the consideration of female PNP officer in the team especially when there is
an anticipated female suspect.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint
 The minimum Police Checkpoint team should at least be composed of an 8-man complement, with
three verifiers, one spotter, one TL, one profiler, one rear security and one advance security.
 The Team manning checkpoints must have immediate contact with the LGUs, Public Attorney’s
Office (PAO) or any member of the Philippine bar, and/or the media (for drug cases)
 The Team should encourage the participation of, but not limited to, the Local Government Units
(LGUs), Civil Society Groups, Non-Governmental Organizations (NGOs), business organizations,
other civic groups, media and other stakeholders during the conduct of Police Checkpoint operations.

 The participation of the civilians and the presence of the media in the conduct of checkpoint must be
confined only as observers to give police additional eyes and promote transparency of activities in the
area.
 All civic groups or organizations to include the media, who are inclined to participate in police
checkpoints, must be duly registered and accredited by the PNP for such purpose. The accreditation of
the civilian groups to join in the conduct of checkpoint shall be administered by the Police Regional and
Provincial Offices.
 PNP personnel manning the checkpoint must have a presentable appearance, wearing the prescribed
PNP uniform. Likewise, the civilian members must also be in their organization’s uniform with their
names conspicuously displayed for identification. In no case shall the civilian components be allowed to
bear firearms during the checkpoint.
 In Metro Manila and other major cities, police officers manning the checkpoints should not wear Field
Service Uniforms (FSU) or black fatigues in lieu of the PNP General Office Attire unless the conduct of
checkpoint is a result of a Hot Pursuit Operation or a High Risk Checkpoint. The use of mixed uniforms
(GOA, FSU, black fatigue) in the conduct of checkpoint is strictly prohibited.
 As much as possible, the area where the checkpoints shall be established must be properly lighted,
with a noticeable signage bearing the name of the PNP unit and the participating organization/s visibly
displayed in the checkpoint site, to prevent any apprehension from the public of the existence of the
same.
 Due courtesy must be accorded to the motorists, traders and the commuters during the conduct of
checkpoint.
 The spokesperson must greet the people subject for inspection, extend apology for the inconvenience,
appeal for understanding and state the reasons of the operation. Upon completion, thank the person/s
searched.
 Except in the actual commission of crime during checkpoints or in a hot pursuit operation, the conduct
of inspection of vehicle during a routine checkpoint is limited to a visual search and therefore must be
done with due respect to innocent passers-by, commuters, or bystanders and be conducted in a
manner that is of least inconvenience to the public. Searches, seizures, and arrests made during
checkpoints shall be within the ambit of the law.
 Violations/Infractions of the law discovered during the checkpoint operation shall be expeditiously
disposed of following legal procedures. Arrested persons must be apprised of their rights with respect
to the Miranda Doctrine.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint
 The security of the PNP personnel, and most especially that of the civilians participating in the
checkpoint operation, must be given due consideration in the planning of the operation.
 Only the security sub-team and blocking/pursuing sub-team members are allowed to display high-
powered firearms should be positioned where they can best provide security to the Checkpoint team,
including themselves.
 Checkpoint personnel must not limit their task to law enforcement and crime deterrence. They should
also be ready to provide police assistance in the vicinity e.g., giving directions to inquiring motorists or
passers-by.
 The PNP operating units must provide their own logistical and financial requirements to avoid
soliciting support from the civilians for their personal or operational needs.
 Police personnel assigned in the checkpoint shall not mulct, extort, or harass drivers, passengers,
and traders. Designated TL assigned at the checkpoint shall be responsible for the actuations and
behavior of his personnel and shall be accountable under the doctrine of Command Responsibility.
 Voluntary offers of cash or in kind from the traders/ motorists passing the checkpoint should be
absolutely refused because the offer might be misconstrued as a bribe

 The police and the civilian component must separately submit their After Checkpoint Operation Report
to their respective units or organization for proper evaluation of the efficacy of the operation.
11.4 Procedure in the Conduct of Regular Police Checkpoint
 Unit Commanders should inform Higher Headquarters (HHQs) Tactical Operations Center (TOC) and
coordinate with adjacent units, such as MPS, CPS, NSUs, Public Safety Company Forces and other
friendly forces, personally or through an official representative, before commencing with the checkpoint
to avoid mis-encounter and any untoward incident;
 The TL shall brief the PNP personnel, as well as the civilian components present, including the media
regarding the proper conduct of the checkpoint and their assigned tasks prior to their deployment;
 The TL shall initially account for the PNP personnel and check if they are in the prescribed uniform.
PNP personnel conducting the checkpoint shall display their nameplates at all times. If wearing a
jacket, the flap of the jacket bearing their names should also be displayed
 The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected
vehicles prior to their approach to the checkpoint;
 Search/Arresting Sub-Team shall flag down suspected vehicles and conduct search, seizure and
arrest, if necessary;
 In the event of seized drugs, the team having initial custody and control of the drugs shall immediately
conduct physical inventory and photograph the same in the presence of the accused or the person/s
from whom such items were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and DOJ, any elected public official who shall be required to sign the
copy of the inventory and be given a copy thereof;
 Arrested persons and seized items shall be turned over to the investigation sub-team for
documentation and proper disposition;
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Spot Checks/Accosting and Pat Down Searches and Checkpoint
 In the event that the checkpoint is ignored, and the occupants of the vehicle open fire on the
personnel manning the checkpoint, reasonable force to overcome the suspects’ aggression may be
employed;
 Inform Higher Headquarters before terminating the conduct of Checkpoint;
 The TL shall conduct debriefing of personnel after termination of the Checkpoint; and
 Unit Commander shall submit After-Activity Report to Higher Headquarters.
Procedure in the Conduct of On-the Spot (Hasty) Checkpoints
 PNP personnel conducting mobile patrols on board patrol vehicles will initially man the checkpoint, to
be complemented by additional personnel upon arrival of reinforcement. A collapsible signage with
markings: “Stop, Police Checkpoint” if available, indicating also the name of the concerned police
office/unit conducting the operations, will be used for the purpose

 In the case of PNP personnel conducting Internal Security Operation (ISO) or foot patrol, where a
vehicle and collapsible signage is not readily available, the checkpoint shall be manned initially by
said personnel;
 The team shall immediately inform Higher Headquarters of the exact location of the hasty Checkpoint
to include personnel involved and available equipment;
 In a hasty checkpoint, where there is a possibility of high-risk stop and high-risk arrest, and there is an
urgency for troop deployment and that public safety might be at risk, the participation of the civilian
component and the presence of the media in the checkpoint operation shall not be allowed;
 The Unit Commander of the personnel manning the hasty checkpoint shall immediately send additional
personnel, equipment and signage to the area in order to convert the Hasty Checkpoint into a Regular
Checkpoint; and
 As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall follow the
procedures under 11.4c of this Rule.

Dealing with Hostile Situation


The following are the procedures to be followed in dealing with hostile drivers:
1. Stopping Vehicles
 Follow the procedure stated in paragraphs a to c of Rule 1 – 3 in the earlier ;
 Immediately request for back-up;
 Follow the suspect and always keep him within visual range;
 Expect that the suspect will notice your action at any time. Be prepared for hot pursuit or actual hostile
confrontation;
2. Fleeing Vehicles
 In the event that the motor vehicle did not stop despite the warning given, inform Headquarters or
adjacent units so that dragnet operations or police defensive roadblocks can be set-up;
 Inform Headquarters of the make or type, plate number and color of the motor vehicle to be accosted
including the number of occupants and, if possible, their identity;
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Spot Checks/Accosting and Pat Down Searches and Checkpoint
 State the reason(s) for flagging down the suspected motor vehicle;
 Give mobile car’s location and its direction before making actual intervention;
High-Risk Stop and High-Risk Arrest a. Initial Stage
1. Initial Stage
2. Effecting a High Risk Stop
3. During Violent Stage
Police Defensive Roadblock
Police Defensive Roadblock is a temporary installation or hastily built barricade set for halting traffic to
facilitate the apprehension/neutralization of an armed person/suspect onboard a motor vehicle. (PNP
Command Memorandum Circular No. 25-13 “Establishment of Police Defensive Roadblocks”)

We had just finished the discussion on Spot Checks/Accosting


and Pat down Searches and Checkpoint. Let’s move on to the
next higher level of activity/ies or exercise/s that demonstrate
your potential skills/knowledge of what you have learned.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint

V. ANALYSIS, APPLICATION AND EXPLORATION

ACTIVITY 1

Name: ______________________________ Year & Section: __________________

Directions: Determine the guidelines in conducting checkpoints. Write TRUE if the sentence states the
proper guideline in conducting checkpoints and write FALSE if otherwise.

______________ 1. When approaching the individual, the police officer shall clearly identify himself as
a police officer. If not in uniform, the police officer must identify himself by announcing his identity and
displaying official identification card and/or badge.

__________________2. Police officers shall confine their questions as to the person’s identity, place
of residence, and other inquiries necessary to resolve the police officer’s suspicion. However, in no
instance shall a police officer hold a person longer than the period reasonably necessary to be able to
make these limited inquiries and to resolve suspicions.

__________________ 3. The Team should encourage the participation of, but not limited to, the
Local Government Units (LGUs), Civil Society Groups, Non-Governmental Organizations (NGOs),
business organizations, other civic groups, media and other stakeholders

_________________ 4. The security of the PNP personnel, and most especially that of the civilians,
must be given due consideration in the planning of the operation.

_________________ 5. The spokesperson must greet the people subject for inspection, extend
apology for the inconvenience, appeal for understanding and state the reasons of the operation. Upon
completion, thank the person/s searched.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint

ACTIVITY 2

Name: ______________________________ Year & Section: __________________

Determine if the type of checkpoint conduct explained is regular or on the spot hasty. Write A if its regular and write B
if its on-the-spot hasty checkpoint.

1. ________________________In the case of PNP personnel conducting Internal Security Operation


(ISO) or foot patrol, where a vehicle and collapsible signage is not readily available, the checkpoint
shall be manned initially by said personnel
2. ________________________Unit Commanders should inform Higher Headquarters (HHQs) Tactical
Operations Center (TOC) and coordinate with adjacent units, such as MPS, CPS, NSUs, Public Safety
Company Forces and other friendly forces, personally or through an official representative, before
commencing with the checkpoint to avoid mis-encounter and any untoward incident
3. _______________________The Unit Commander of the personnel manning the hasty checkpoint shall
immediately send additional personnel, equipment and signage to the area in order to convert the
Hasty Checkpoint into a Regular Checkpoint
4. _______________________ The TL shall brief the PNP personnel, as well as the civilian components
present, including the media regarding the proper conduct of the checkpoint and their assigned tasks
prior to their deployment
5. ______________________There is a possibility of high-risk stop and high-risk arrest, and there is an
urgency for troop deployment and that public safety might be at risk, the participation of the civilian
component and the presence of the media in the checkpoint operation shall not be allowed

Finally, let us summarize the lesson of what we had discussed today.


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Spot Checks/Accosting and Pat Down Searches and Checkpoint

VI. GENERALIZATION

Discuss the importance of checkpoints in 3 sentences


______________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Basis for Grading

Level Description Score


 Well written and very organized.
 Excellent grammar mechanics.
OUTSTANDING  Clear and concise statements. 9-10
 Excellent effort and presentation with detail.
 Demonstrates a thorough understanding of the topic.
 Writes fairly clear.
 Good grammar mechanics.
GOOD 7-8
 Good presentation and organization.
 Sufficient effort and detail
 Minimal effort.
 Good grammar mechanics.
FAIR 6
 Fair presentation.
 Few supporting details.
 Somewhat unclear.
 Shows little effort.
POOR  Poor grammar mechanics. 5
 Confusing and choppy, incomplete sentences.
 No organization of thoughts.

KUDOS!
You have come to an end of Module 2.
OOPS! Don’t forget that you have still an assignment to do.
Here it is….
VII. ASSIGNMENT
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Spot Checks/Accosting and Pat Down Searches and Checkpoint

VII. ASSIGNMENT
Name: ______________________________ Year & Section: __________________

Directions: Directions: Identify the grounds to perform spot checks, accosting and pat – down searches from

the sentences below by writing check in the boxes. Write whether it is spot checks or accosting and
pat – down.

1. The Spotter of the team will be pre-positioned in a place where he can best point/profile
suspected vehicles prior to their approach

2. If a weapon is found and the possession of which amounts to a violation of the law, the police
officer shall arrest the suspect and conduct a complete search of his person.

3. The type of crime believed to be committed by the subject, particularly crimes of violence where
the threat of use or use of deadly weapon is involved;

4. Visual indications suggesting that the suspect is carrying a firearm or other deadly weapon

5. The appearance or demeanor of the individual suggests that he is part of a criminal enterprise or
is engaged in a criminal act.

After your long journey of reading and


accomplishing the module, let us now challenge
your mind by answering the evaluation part of this
module.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint

VIII. EVALUATION

Name:______________________________ Year & Section: __________________

Direction/Instruction: Encircle the letter of the correct answer


1. Who should, whenever possible, conduct pat-down searches?
a. It should be done by able-bodied male police officers.
b. It should be performed by police officers of the same gender
c. Female police officers are more courteous and sensitive to conduct pat-down search.
d. Pat-down search could be done by any police non- uniformed personnel.
2. In the conduct of Spot Check/Accosting, what should the police officer do if not in uniform?
a. Arrest immediately the suspect because he might run away.
b. Inform the suspect of his constitutional rights and immediately bring him to the prosecutor for
inquest proceedings.
c. The police officer must inform higher headquarters about he is going to do and coordinate to
other patrol elements or adjacent police units and tell them to get ready.
d. The police officer must identify himself by announcing his identity and displaying official
identification card and/or badge.
3. Before approaching more than one individual, what should the police officers do first?
a. Fire a warning shot to scare the individuals and cooperate.
b. Draw their gun and move to prone position as a security measure on the part of the police.
c. Determine whether the circumstances warrant a request for back-up and whether the spot
check/ accosting can and should be delayed until such back-up arrives.
d. Determine whether a warrant of arrest is necessary before accosting the individuals and
whether no charge could be filed against them should they arrest them.
4. If the suspect the police officer is patting down is carrying an object such as a handbag, suitcase,
briefcase, sack, or other similar items that may conceal a weapon, should the police officer open
the item?
a. Yes, to make sure no weapon or other illegal items are concealed inside.
b. Yes. In all situations, the police may open the items as clearly stated in the Police Operational
Procedure.
c. No, instead put it in a place out of the suspect's reach.
d. No. Police officers have no right to determine the content of the item.
5. If after conducting a spot check/accosting or pat-down search, it yielded a negative result and the
police officer has no basis for making an arrest, is it important for him to record the facts of such
spot check/accosting or pat-down search?
a. The police officers may or may not record the facts of such spot check/accosting or pat-down
search.
b. No. It is not necessary because of the negative result.
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Spot Checks/Accosting and Pat Down Searches and Checkpoint
c. Yes, and forward a report to the appropriate authority.
d. Yes. A careful planning should be done for the Success of the police operation.
6. Are police officers required to inform the person of his rights under the law (i.e. Miranda Warning,
Anti-torture law, etc.) during pat-down search?
a. No. It is the court that will inform the person of his rights during trial.
b. No, unless the person is placed under arrest.
c. Yes, but it should be done inside the police station and in the presence of his counsel.
d. Yes, before anybody be pat-down searched should be informed of his rights under the law (i.e.
Miranda Warning, Anti-torture law, etc.)
7. Why is it that whenever possible, pat-down searches should be conducted by at least two (2) police
officers?
a. The conduct of pat-down search by two police officers is more secured.
b. One to perform the search while the other provides protective cover.
c. Whenever possible, pat-down searches should be conducted not just by two (2) police officers
but by more police officers for safety purposes.
d. Most police units lack personnel for them to conduct pat-down searches by at least two (2)
police officers.
8. May police officers place their hands inside the pockets of the subject's clothing during pat-down
search?
a. No, unless they feel an object that seems like an illegal drug.
b. No, unless they feel an object that could probably be a weapon, such as a gun, knife, club, or
the like
c. Yes, to make sure the subject is not in possession or something illegal.
d. Yes, in all instances, the police officer may place their hands inside the pockets of subject's
clothing
9. If the external patting of the suspect's clothing fails to disclose evidence of a weapon, no further
searching made. If a weapon is found and the possession of which amounts to a violation of the
law, what should the police officer do?
a. Inform the person of his constitutional rights because he is already a suspect in the crime.
b. Go to court and apply for search and warrant so that you could search also the dwelling place
of the person
c. Seize the weapon and submit it to the crime laboratory office for ballistics examination.
d. Arrest a suspect and conduct a complete search of this person
10. What kind of motor vehicle should be used in establishing mobile checkpoints?
a. Motorcycles are appropriate for checkpoints for mobility.
b. Any vehicle in good condition may be used.
c. Only officially marked vehicles with blinkers turned on, if available, shall be used in establishing
mobile checkpoints.
d. All government vehicles could be used for the purpose.

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