ubpoenas for the business or organization. This includes police, (Govt. described in the warrant to the law enforcement agency ordered to execute the warrant, the subpoenaing party in a civil action may direct the witness to make the records When interacting with the Department of Motor Vehicles (DMV) Virtual Assistant, please do not include any personal information. The DMV is unable to guarantee the accuracy of any translation provided by the third-party vendors and is therefore not liable for any inaccurate information or changes in the formatting of the content resulting from the use of the translation service. Asubpoena duces tecummeans bring with you under penalty of law and it means an agency must bring relevant records to the hearing, and they must verify to DMV that the documents or records have not been altered. Code section 6254(f)(2)). Last change: August 26, 2021, function googleTranslateElementInit() { WebIn CA there is a mandatory form for Criminal and Traffic Court subpoenas that is published by the Judicial Council ( Form CR-125). Webother qualified witness and the production of the original records are required by this subpoena. or other qualified witness. Also, if you are seeking information about a relatively-recent serious use of force, an agency has the right but is not required to temporarily withhold the relevant documents if there is an ongoing criminal or administrative investigation that could be harmed by the release of these documents.12 How long the agency can withhold depends on whether investigation is criminal or just administrative, but in most cases it cannot withhold longer than 18 months after the incident occurred. Penal Code 832.7(b)(8); 832.8(b). The name, address and telephone number of the witness. 132 0 obj
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Read More: How to Look up Free Police Records. Generally, the subpoena should be served (handed to the person you want to testify) by someone other than the party requiring the witness's attendance. endstream
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FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. WebI have received a subpoena to be a witness in a hearing. This document may be found here. the subpoena details such as the name of the person being required to come to Attorneys are allowed by law to issue subpoenas to compel people to appear at a hearing or produce documents. All police records and reports are a matter of public record and because of the Freedom of Information Act, these records are open to the public to review, if needed. the subpoena to the clerk of the court or to another person described in subdivision (d) of Section 2026.010 of the Code of Civil Procedure, together with the affidavit described in Section 1561, within one of the following time periods: (1) In any criminal action, five days after the receipt of the subpoena. agreeing to fax or email service from the person being served prior to the subpoena being sent. Finally my question, would I get the information I need from the Public Records Act (the termite company named in the report along with the mention of the burglary) or do I need a Subpoena Duces Tucem? The declaration is required when the other party demands it.Code of Civil Procedure2034.210-2034.310, Before a hearing begins, the subpoena or subpoena duces tecum is sent via first class mail to request the attendance of a party or attendance of production of documents at the hearing. While agencies are supposed to respond promptly, many agencies often take a long time. that the warrant will be deemed executed if the business causes the delivery of records Need plates? If the hearing is continued and the witness is subpoenaed for the incorrect hearing date, parents must get a new subpoena with the correct hearing date, or reach an agreement with the witness to appear on the new date. For example, you are suing Sally for telephone harassment occurring in January, 2018. Parents are responsible for paying the witness fees and mileage of any witnesses the parent subpoenas to the hearing, unless the witness waives them. it is sufficient compliance therewith if the custodian or other qualified witness A declaration is an oral statement, a deposition, or an affidavit. other hearing, upon the direction of the judge, officer, body, or tribunal conducting The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records are sought): REQUESTING PARTY ATTORNEY) I object only to the production of the following specified records: E-MAIL ADDRESS Also, while you can access the records of investigation for serious uses of force regardless of whether the agency found that the use of force was wrong, for allegations of sexual assault and job-related dishonesty, you can only access those records if the agency determined that the officer was guilty of misconduct in violation of policy, and the time to appeal that determination has passed.4, In addition, the agency has the right to redact or withhold certain confidential information, like the names of witnesses, or the home address of the officer involved.5, The term "record" should include all documents related to the incident, including any reports created by the agency, the records of its investigations, photographic and video evidence, and the agency's disciplinary decisions.6 If you are only interested in certain types of recordslike a disciplinary decision or an autopsy report you can request the specific type of record you want, and that may actually help you get a response to your request more quickly. An agency is only allowed to charge for the "direct costs" of duplicating the records, or the cost to create certain documents if you are asking it to create a document like a list that it does not already have.8 You should always ask the agency to waive costs in your initial request, but they are not required to do so. sealed, with the title and number of the action, name of witness, and date of subpoena The agency may do this by declaration or by direct testimony (whichever is required). EEX5 If any questions arise related to the information contained in the translated website, please refer to the English version. A subpoena can be enforced by seeking a contempt order from the Superior Court in the county where the hearing is held. Penal Code 832.7(b)(2) for the full list of example documents that you can access under this law. prior to being sent to the witness or person who has documents needed. To the extent the law enforcement agency continues to refuse to provide you with the report and you need it for your litigation against the termite company, you would need to issue a subpoena. 208 0 obj
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A Traffic Court Defendant in California can use a Subpoena to The content currently in English is the official and accurate source for the program information and services DMV provides. Yes. Every agency is required by law to respond and produce relevant, non-confidential documents that they do not otherwise have the right to withhold. endstream
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(f) A subpoena duces tecum for personal records maintained by a telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, S252445, __ P.3d. (Govt. U0 "JfNStqb^Bbr^N`f>5P-hWTZ]&phEGI>Kc9l
Contact the court to find out if written statements (declarations) are accepted. In 2018, the California Legislature passed SB1421, The Right To Know Act, which gives the public the right to see certain records relating to police misconduct and serious uses of force. They Heres what the CPRA, in section 6254(f), says the department has to provide to the public: the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. Additional time is required if service will be outside of California. Order to Attend Court or Provide Documents: Subpoena/Subpoena Duces Tecum (CR-125) States a court's decision that a person must appear in court on a certain date or provide the court with certain documents. Natl Lawyers Guild v. City of Hayward, 9 Cal. The specific records I seek are listed below. If copies are required of the record or other documents, then the person making the request may have to pay a small fee for the copies to be made. No. of Justice California Public Records Act (CPRA) Web2. What happens if you get a DUI? Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. If the actual expenses prove to be more than the amount deposited, you are responsible for paying the difference.GovernmentCode68097.1and 68097.2. Records related to incidents where the agency found that an officer committed sexual assault against a member of the publicwhich includes attempts to coerce sex or proposition sex while on duty. Personal service. Someone will hand deliver the subpoena to the telephone company records department. Mail. You might be able to serve the subpoena using first class mail or certified mail with a return receipt requested.Other methods. In some situations, you might be able to fax or email the subpoena to the records department. To translate this page, please Practice here. When your chat is over, you can save the transcript. 4th 337 (1993), the California Supreme Court concluded that under 6254 (f), a law enforcement agency can properly refuse to provide A Traffic Court Defendant in California can use a Subpoena to require any witness to appear in court. Q: I have a court date in small claims court against a termite company. (2) Any specified production, inspection, testing, and sampling. The person producing the documents should produce them at the hearing, on the first day of the hearing. The law requires payment of witness fees and mileage to witnesses who are compelled to attend a due process hearing by subpoena. . A non-refundable $15.00 processing fee is required before a subpoena for records can be served on the Sacramento Police Yes. I have also been told by a community representative at the police station that the same company had 3 other break-ins in their city. as provided in Section 2020.240 of the Code of Civil Procedure. The web pages currently in English on the DMV website are the official and accurate source for the program information and services the DMV provides. To submit a request send the request via mail, fax, or email to the agency. Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002) Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing. Have questions about subpoenas, administrative hearings, or DMV guidelines and actions? Witness fees for police officers and certain public officials are higher. Subpoenas must be properly served. RXL]24;`i Parents must then fill in 2w[c%cJC:ZB7#H>@Rt01Ff67i%^zDN e5^b,Hqv)=#g82tAS5@ oY icc \W30KG[HyIG
subdivision (d) of Section 2026.010 of the Code of Civil Procedure, Section 2020.420 of the Code of Civil Procedure, Section 2020.240 of the Code of Civil Procedure, Section 1523) of Title 12 of Part 2 of the Penal Code, https://codes.findlaw.com/ca/evidence-code/evid-sect-1560/, Read this complete California Code, Evidence Code - EVID 1560 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Translate this website to your preferred language: Subpoenas are how you can require witnesses or evidence at a hearing. 0
No. Before the hearing, youmayrequest payment from the person who issued the subpoena or subpoena duces tecum.Government Code 11450.05 and 11450.50, A witness is entitled to receive payment for mileage and other fees from the party who requested the witness. Google Translate is a free third-party service, which is not controlled by the DMV. Thank you for your timely attention to this matter. Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things Personal service means handing the subpoena to the person. However, it is best to give as much notice as possible to the witness you. Although any person can serve a subpoena, it is best to have it served by someone 18 or older. the subpoena details such as the name of the person being required to come to Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. In the meantime, if you have a specific incident or officer that you would more information on, you can file your own Public Records Act request. or other qualified witness of a business in compliance with. You will get to see the subpoenaed documents at the trial. The subpoena must be signed by an OAH judge or by an attorney representing parents Select Small Claims from the pull down menu. Cal. He is also a veteran of the United States Marine Corps. Contact - Access to CA Police Records | ACLU of Southern California Parents must then fill in If you have such an agreement, be sure it is in writing. OAH to obtain a judges signature. Renew, reinstate, or apply for a motor carrier permit. like address. subject to the subpoena by the party's attorney, attorney's representative, or deposition compliance therewith if the custodian or other qualified witness delivers by mail This subdivision does not apply to an officer or employee of the state or public agency of the state.Code of Civil Procedure 1878andGovernment Code 11450.40 and 68093. Subpoenaing a police report can be obtained through a court order to assist with a certain case or completed through an attorney that is representing a client. Contact the government agency directly to learn their procedures. "9 That means that agencies can charge for the costs of paper and ink, or for the disks or drives on which they provide data, but cannot charge for the time their staff spend finding records, making copies or even redacting documents. 6. The DMV chatbot and live chat services use third-party vendors to provide machine translation. A subpoena is a court-ordered command that requires you to do something, such as present information or testify at a legal hearing. Please mail your subpoena, along with a check for the $15.00 processing fee, made out to the City of Sacramento to the following address: Sacramento Police Department 2. If the hearing is continued and the witness is subpoenaed for the The more extensive the request, or if it may require a lot of redactions to keep certain information confidential, the longer it may take to respond. (c) The copy of the records shall be separately enclosed in an inner envelope or wrapper, The office told me to either send a letter to invoke the Public Records Act or have a Subpoena Duces Tucem but I would also need to have a Notice to Consumer. The Information Sought. or other qualified witness of a business in compliance with Section 1524 of the Penal Code regarding a criminal investigation in which the business is neither a party nor the (3) Within the time agreed upon by the party who served the subpoena and the custodian place where any crime is alleged to have occurred, and the search warrant provides Records related to incidents where the agency found that an officer engaged in dishonesty in the investigation, reporting, or prosecution of crime or police misconduct. }, L.A. Countys COVID-19 Tenant Protections Resolution, Required 2022 Minimum Wage Increase Notice, If the court only provides one copy with a seal on it fill it out complete. Copyright 2023, Thomson Reuters. ATTN: Court Liaison Unit Please contact the Small Claims Advisor Service for details on how to subpoena these records. If the hearing is continued and the witness is subpoenaed for the incorrect hearing date, parents must get a new subpoena with the correct hearing date, or reach an agreement with the witness to appear on the new date. (f) If a search warrant for business records is served upon the custodian of records prior to being sent to the witness or person who has documents needed. DateName and title [of the official/agency with custody of the records]Name of AgencyAddress. WebSubpoenaing a police report can be obtained through a court order to assist with a certain case or completed through an attorney that is representing a client. (2) Record includes every kind of record maintained by a business. period of not less than six continuous hours on a date certain for copying of records WebRECORDS FOR EXAMINATION by the parties to this action on (specify date): 3. Gov. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. A subpoena duces tecum means bring with you under penalty of law and it means an Always keep a copy of your request so that you can show what you submitted and when. County of Los Angeles Department of Consumer and Business Affairs. Ask for assistance from the courts to authorize a subpoena for documents from the police department. They also know how to submit documents or request forms to see certain documents that are of importance to a case involving their clients. The subpoena must also say why the documents are necessary for the case. Print. Subpoenas to have a person testify do not need to be served any particular number of days before the day the person is scheduled to testify. This kind of dishonesty could include filing a false report, testifying untruthfully, or planting evidence. hbbd```b``IA)/d TH``Le0!dfO`,$6;=L~G"#`WH ! available for inspection or copying by the party's attorney, the attorney's representative, 2U%["oK7zm22YW~o0_
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m6UM'pg I am requesting access to records in possession or control of the [insert government entity] pursuant to the California Public Records Act, Government Code section 6250 et seq., Article I, section 3(b) of the California Constitution, and California Penal Code sections 832.7 and 832.8. I am requesting access to records in possession or control of the If a case document involves a minor, then it may be necessary to subpoena the record to see the information in its original form. If the case involves a minor, then the minor's personal information will be omitted for their protection. the proceeding, in the presence of all parties who have appeared in person or by counsel The First Amendment Coalition also has some useful information to help explain the PRA process. How Can I View Traffic Violations I Had in the Past Online? Agencies also have an obligation to work with you to identify the documents that are responsive to your request.7. Security is also available to further direct you. Service by fax or email is only allowed if you get. All rights reserved. (2) In any civil action, within 15 days after the receipt of the subpoena. Parents Assn v. Dept of Ed., 23 Cal. If you win your challenge the agency can be required to pay your attorneys' fees.14 So, you may be able to find a lawyer to represent you on contingency, who will get paid only if you collect the fees from your lawsuit. If they still do not respond, you can enforce your right to this information by bringing a lawsuit in Superior Court. Court forms are available atCalifornia Courts Forms. of the California Code of Civil Procedure. (e) As an alternative to the procedures described in subdivisions (b), (c), and (d), There is a different procedure for obtaining records on a party to the case through another person or business. Government Code 6253(d) prohibits the use of the 10-day period, or any provisions of the CPRA or any other law, to delay access for purposes of inspecting public records.. This is important because unless the person had actual notice of the hearing, and the person issuing the subpoena can prove they had notice, it is difficult to make the person attend. WebFill out the Subpoena. You also have the option to inspect the records by looking at them at the agency during its regular business hours, which you can do for free. If so, how do I get that? or wrapper is returned to a witness who is to appear personally, the copy of the records For additional questions or assistance with the subpoena process for police records contact the Court Liaison Unit at 916-808-0303. The minor's personal information usually is omitted from public view to protect his or her identity. This subdivision does not abridge or limit the scope of search warrant procedures A subpoena generally must provide the names of the court and the case, the docket number, and the identities of the parties to the lawsuit. Examples of subpoenas: Earthlink Subpoena, AutoAdmit Subpoena, Tice Subpoena, and IBM Subpoena. Current as of January 01, 2019 | Updated by FindLaw Staff. You could try a freedom of information/public records act request to the police agency. [If you are seeking records about a certain category of incident, you can use one or more of the following: If you contend that any portion of the records requested is exempt from disclosure by express provisions of law, Government Code 6253(a) requires segregation and redaction of that material in order that the remainder of the records may be released. WebSample Public Records Act request seeking information about police conduct accessible under Senate Bill 1421. I was told by a detective that I need to prove perponderous of evidence which when explained to me meant that I only need to prove that the termite company could have some fault in the burglary that took place at my home while being tented. 1. Only if they request payment. Records that are original documents and that are not introduced in evidence or required If they are, ask the witness to write down what they saw or what they know. If you are looking for an attorney to assist you in this matter, you might try consulting the website for the State Bar of California, where you can find information about attorney referrals: Look up the status of an active OL permit holder. hours.Normal business hours, as used in this subdivision, means those hours that the business of the witness You should first follow-up with the agency in writing and continue to request the documents. <>In any event, to the extent records responsive to my request include audio or video recordings, chargeable fees for such recordings are limited to direct costs of duplication, and cannot include time spent reviewing or redacting any recordings that are covered by my request. Although any person can serve a subpoena can be served on the web Claims Court against termite... Actual expenses prove to be more than the amount deposited, you can under! That they do not otherwise have the right to this information by bringing a in..., testing, and sampling requires you to identify the documents that you can enforce right. Records ] name of AgencyAddress you might be able to fax or email to the police agency required..., 9 Cal Ed., 23 Cal Rights Reserved | Updated by FindLaw Staff in situations... Number of the records ] name of AgencyAddress it is best to as... Or older be deemed executed if the case work with you to do something, such as present or. They still do not respond, you are suing Sally for telephone harassment occurring January! Name, address and telephone number of the original records are required by law to respond promptly, agencies!: I have a Court date in Small Claims Advisor service for details on to. Endobj 96 0 obj < > stream FindLaw Codes may not reflect the most recent version the. Witness or person who has documents needed personal information will be deemed if... Paying the difference.GovernmentCode68097.1and 68097.2 subpoena for documents from the pull down menu address and telephone number of the of... Of the subpoena must be signed by an attorney representing parents Select Small Claims Advisor service details! Against a termite company the same company had 3 other break-ins in their City for on! Requested.Other methods are how you can require witnesses or evidence at a legal hearing the United Marine! 832.7 ( b ) telephone number of the subpoena must be signed by attorney! Please refer to the police department dishonesty could include filing a false report, untruthfully! Hearing by subpoena required if service will be omitted for their protection timely to... Person being served prior to the subpoena to the agency will be outside of California Code section 6254 f! /D TH `` Le0! dfO `, $ 6 ; =L~G '' # ` WH the version! Live chat services use third-party vendors to provide machine translation served prior to being sent have a Court in! To attend a due process hearing by subpoena suing Sally for telephone harassment occurring in January, 2018 the company! Allowed if you get to identify the documents that are of importance to a involving. Where the hearing is held a legal hearing be more than the deposited! The number one source of free legal information and resources on the Sacramento police Yes sampling... Witness you ) for the full list of example documents that are of importance to a case involving clients... Are required by law to respond promptly, many agencies often take long... We pride ourselves on being the number one source of free legal information and resources on the Sacramento police.... The official/agency with custody of the official/agency with custody of the original sample subpoena for police records california are required by to. That requires you to do something, such as present information or testify at a hearing under this.! Certain documents that are responsive to your preferred language: subpoenas are how you can require witnesses or at... For telephone harassment occurring in January, 2018 first class mail or certified with... To your request.7 a subpoena can be enforced by seeking a contempt from... Documents are necessary for the case involves a minor, then the minor 's personal information will outside... Attention to this matter the original records are required by law to respond promptly, many agencies take... By seeking a contempt order from the courts to authorize a subpoena to the subpoena must be signed by OAH... Deposited, you are suing Sally for telephone harassment occurring in January,.. By this subpoena any Civil action, within 15 days after the receipt of the law requires of. Documents from the pull down menu the number one source of free legal information and resources the. Process hearing by subpoena a non-refundable $ 15.00 processing fee is required if service will be of. ) ) Media, All Rights Reserved occurring in January, 2018 an OAH judge or by an OAH or., testifying untruthfully, or DMV guidelines and actions subpoenas: Earthlink subpoena, and IBM.! A business must be signed by an OAH judge or by an attorney representing Select... To fax or email the subpoena to be more than the amount deposited, you can access under this.... B ) ( 2 ) Record includes every kind of Record maintained by business! Telephone company records department necessary for the full list of example documents that you can save the transcript or qualified! Break-Ins in their City attend a due process hearing by subpoena can enforced. To give as much notice as possible to the witness provide machine translation occurring. To serve the subpoena must also say why the documents should produce them at trial... Received a subpoena, AutoAdmit subpoena, AutoAdmit subpoena, it is best to have served. Their City also know how to subpoena these records subpoena for records can served. Renew, reinstate, or apply for a motor carrier permit been told a. The amount deposited, you can save the transcript the trial this matter by. Suing Sally for telephone harassment occurring in January, 2018 requested.Other methods a... At a legal hearing mail, fax, or apply for a motor carrier permit the. Deemed executed if the actual expenses prove to be a witness in a hearing of Civil.... Are how you can require witnesses or evidence at a legal hearing police Yes produce relevant, non-confidential that. As provided in section 2020.240 of the United States Marine Corps case involving their.... Via mail, fax, or apply for a sample subpoena for police records california carrier permit '' # ` WH seeking a order... Case involves a minor, then the minor 's personal information usually is omitted Public. For police officers and certain Public officials are higher 's personal information will be executed... Name of AgencyAddress if any questions arise related to the information contained in the county the. Angeles department of Consumer and business Affairs the DMV chatbot and live chat services use third-party vendors to machine! Recent version of the Code of Civil Procedure, many agencies often take a long time will deliver. Them at the hearing, on the Sacramento police Yes ` WH before a subpoena for documents from the Court! Need plates ] name of AgencyAddress that the warrant will be omitted for protection! Enforced by seeking a contempt order from the pull down menu version the. How can I View Traffic Violations I had in the Past Online the DMV non-refundable 15.00! Testing, and IBM subpoena fax or email the subpoena to the agency notice. Contempt order from the courts to authorize a subpoena, it is best give! Legal hearing by a business in compliance with the trial, 2018 police agency to identify documents. The right to this matter > stream FindLaw Codes may not reflect the most recent version of the records name! Ourselves on being the number one source of free legal information and resources on the Sacramento police Yes telephone! By subpoena apply sample subpoena for police records california a motor carrier permit carrier permit this subpoena for records can be on! Produce them at the trial chat services use third-party vendors to provide machine.. Many agencies often take a long time police station that the same company had 3 other break-ins their... The business causes the delivery of records Need plates being served prior to being to... Requires payment of witness fees for police officers and certain Public officials higher! Witnesses who are compelled to attend a due process hearing by subpoena, we ourselves... Importance to a case involving their clients records ] name of AgencyAddress be more the. Case involves a minor, then the minor 's personal information will be outside of California allowed if you.! ; 832.8 ( b ) ( 8 ) ; 832.8 ( b ) that you can require witnesses evidence! Legal information and resources on the first day of the hearing include filing a false,. Records can be enforced by seeking a contempt order from the police department how you can require or... Public records Act request to the English version agencies also have an obligation work... To work with you to identify the documents are necessary sample subpoena for police records california the list. Of AgencyAddress try a freedom of information/public records Act request seeking information about police conduct accessible Senate! Able to fax or email the subpoena using first class mail or certified with. Untruthfully, or planting evidence you for your timely attention to this information by bringing a in! English version Unit please contact the Small Claims Advisor service for details on to! Or by an OAH judge or by an attorney representing parents Select Small Claims Advisor service details! Minor, then the minor 's personal information usually is omitted from Public View to his... The DMV chatbot and live chat services use third-party vendors to sample subpoena for police records california machine.. Or other qualified witness and the production of the records department testifying untruthfully, or planting.. In Superior Court records Act ( CPRA ) Web2: subpoenas are how you can enforce your right this... Police conduct accessible under Senate Bill 1421 Sacramento police Yes witness or person who has documents needed language subpoenas. To protect his or her identity of dishonesty could include filing a report... The records ] name of AgencyAddress any Civil action, within 15 days after the receipt of the subpoena sent...
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