The duration law enforcement can retain possession of an individual’s cellular device absent judicial authorization is a subject of considerable legal nuance. Generally, indefinite retention is impermissible. The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures; this protection extends to the contents of cellular phones. Holding a phone implicates both possessory and privacy interests. Without a warrant, the period a device can be held is constrained by the exigent circumstances doctrine or a reasonable time to obtain consent or a warrant.
The ability to promptly investigate potential criminal activity is often cited as justification for temporary device retention. However, this must be balanced against the individual’s right to privacy. Historical context reveals a gradual increase in legal protections for electronic devices as courts have recognized the vast amount of personal information stored within. The implications of unlawfully holding a device extend to potential suppression of evidence and civil liability for the law enforcement agency involved.
The legal framework governing temporary device retention hinges upon the existence of probable cause, the presence of exigent circumstances (such as imminent danger to life or the destruction of evidence), and the steps taken to obtain judicial authorization. These factors significantly influence the permissible timeframe and determine the legality of the seizure. Investigating the parameters of lawful seizure and the remedies available when rights are violated is of paramount importance.
1. Reasonable suspicion
Reasonable suspicion, a lower standard than probable cause, plays a limited role in justifying the temporary seizure of a phone. It permits brief investigative detentions where specific and articulable facts, taken together with rational inferences, lead a law enforcement officer to suspect that criminal activity may be afoot. Its connection to permissible device retention is narrowly defined.
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Brief Detention for Inquiry
Reasonable suspicion may justify briefly holding a phone while officers investigate the suspected criminal activity. This detention is limited to the time reasonably necessary to confirm or dispel the suspicion. For instance, if an officer suspects a phone contains evidence related to a nearby burglary based on its location near the crime scene and a hurried attempt to conceal it, briefly holding the phone to run a serial number check might be permissible. If the check clears, the phone must be returned promptly.
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Nexus to Criminal Activity
A crucial element is the nexus between the phone and the suspected criminal activity. Mere proximity to a suspect is insufficient. There must be a specific connection indicating the phone itself contains evidence or is instrumental to the crime. For instance, observing a suspect using a phone to coordinate a drug transaction creates a stronger basis for holding the phone than simply finding it in the suspect’s possession.
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Minimizing Intrusion
Even where reasonable suspicion exists, the scope of the seizure must be minimized. The officer may not conduct a search of the phone’s contents without a warrant or exception to the warrant requirement. The detention should be limited to securing the device while further investigation, such as obtaining a warrant, is pursued. Overly intrusive actions transform the detention into an unlawful search.
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Duration Considerations
The permissible duration of holding a phone based on reasonable suspicion is strictly limited. What constitutes a “reasonable” time depends on the totality of the circumstances, including the nature of the suspicion, the diligence of the investigation, and the intrusiveness of the detention. Prolonged retention without escalating to probable cause and obtaining a warrant will likely be deemed unconstitutional. A delay of even a few hours may be unreasonable depending on the context.
In summary, while reasonable suspicion provides a potential basis for initially holding a phone, its application is highly constrained. The detention must be brief, directly linked to the suspected criminal activity, and aimed solely at confirming or dispelling that suspicion. Failing to adhere to these limitations transforms the temporary seizure into an unlawful one, impacting the admissibility of any evidence obtained as a result and potentially exposing law enforcement to civil liability.
2. Exigent circumstances
Exigent circumstances, representing an exception to the Fourth Amendment’s warrant requirement, directly impact the permissible duration a law enforcement officer may retain a cellular phone. The doctrine applies when an immediate threat to public safety or the imminent destruction of evidence exists, precluding the time necessary to obtain a warrant. Its application dictates the allowable timeframe for holding the device.
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Imminent Destruction of Evidence
If law enforcement possesses a reasonable belief that data on a cellular phone is at risk of immediate deletion or alteration, exigent circumstances may justify its seizure. For example, if officers have credible information that a suspect is actively deleting incriminating messages or wiping the device remotely, seizing the phone to prevent data loss becomes permissible. This exception applies only if the officers reasonably believe that obtaining a warrant would result in the loss of evidence. The retention period is limited to the time reasonably necessary to secure the data, typically by isolating the device from network connectivity. Indefinite retention is not permitted under this exception; efforts to obtain a warrant must commence promptly.
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Risk of Harm to Individuals
Exigent circumstances arise when a cellular phone contains information that could prevent imminent harm to individuals. A credible threat of violence or kidnapping, communicated through text messages or location data, can justify the immediate seizure and examination of a device. For instance, if a phone is believed to contain the location of a kidnapped victim, law enforcement may access the phone to locate and rescue the victim. In such cases, the retention period is limited to the duration of the emergency and the scope of the search is constrained to information directly related to averting the immediate harm.
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Preventing Escape
In situations where a suspect uses a cellular phone to facilitate escape from custody, exigent circumstances may justify the temporary seizure of the device. If officers reasonably believe that a phone is being used to coordinate an escape plan or to contact accomplices who could aid in the escape, seizing the phone to disrupt these efforts is permissible. The retention period is confined to the timeframe necessary to prevent the escape and secure the suspect. The scope of any search of the phone must be narrowly tailored to address the specific threat of escape.
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Limited Duration and Scope
Regardless of the specific exigent circumstance, the permissible duration of retaining a phone is strictly limited to the time reasonably necessary to address the emergency. The scope of any search conducted on the phone must be narrowly tailored to the exigency at hand. Once the immediate threat has subsided, the justification for the warrantless seizure ceases to exist. Continued retention of the phone requires obtaining a warrant based on probable cause. Failure to adhere to these limitations may result in the suppression of evidence obtained from the phone and potential civil liability for law enforcement.
These applications underscore that exigent circumstances provide a narrow window for device retention without a warrant. The duration of this retention is directly proportional to the urgency and scope of the exigency itself. Any deviation from these principles risks violating the Fourth Amendment and undermining the admissibility of evidence derived from the phone.
3. Probable cause
Probable cause, a cornerstone of Fourth Amendment jurisprudence, directly dictates the lawful duration law enforcement may retain a cellular phone for evidentiary purposes. It signifies a reasonable belief, supported by articulable facts, that a crime has been committed and that the specific phone contains evidence related to that crime. The existence of probable cause is a prerequisite for obtaining a warrant, and the warrant itself authorizes a specific retention period. Absent a warrant, the demonstration of probable cause is necessary to justify holding a phone beyond the briefest of periods, such as during an initial investigation or exigent circumstances. For instance, if a confidential informant provides reliable information, corroborated by police investigation, that a phone contains images of child sexual abuse, probable cause exists to seize the phone and apply for a warrant. The warrant would then specify the duration the phone may be held for forensic examination.
When probable cause exists but exigent circumstances do not, law enforcement must seek a warrant before an extended seizure. Holding the phone for an unreasonable duration while awaiting a warrant application risks violating the Fourth Amendment. Courts assess the “reasonableness” of this interim period by considering factors such as the complexity of the warrant application, the diligence of the officers involved, and the potential prejudice to the phone’s owner. An example would be a situation where officers have probable cause to believe a phone contains evidence of a sophisticated fraud scheme. They seize the phone to prevent data deletion but must promptly apply for a warrant to authorize a more extensive search and seizure. The duration of the initial seizure prior to obtaining the warrant must be minimized.
In summary, probable cause is fundamental in determining the permissible retention period for a cellular phone. It forms the basis for obtaining a warrant, which specifies the authorized duration of the seizure. Without a warrant, probable cause is essential to justify any extended retention beyond the briefest of investigations or exigent circumstances. Failing to establish probable cause renders the seizure unlawful, potentially leading to the suppression of evidence and civil liability. Understanding the evidentiary requirements for establishing probable cause and the limitations it places on the duration of a seizure is crucial for safeguarding constitutional rights.
4. Warrant requirement
The warrant requirement, mandated by the Fourth Amendment, exerts a profound influence on the duration law enforcement may retain a cellular phone. Generally, a valid warrant, issued upon probable cause and particularly describing the place to be searched and the items to be seized, is prerequisite for prolonged retention. The absence of a warrant severely restricts the allowable time frame. For instance, if police suspect a phone contains evidence of drug trafficking but lack a warrant, their ability to hold the device is limited to the time reasonably necessary to secure it while obtaining judicial authorization. The warrant, once obtained, establishes the permissible duration of the phone’s seizure, typically specifying a period within which forensic examination must occur.
The warrant requirement acts as a safeguard against indefinite detention of electronic devices. It necessitates that law enforcement demonstrate to a neutral magistrate sufficient justification for the seizure and intended search. The application for a warrant must articulate specific facts establishing probable cause to believe the phone contains evidence of a crime. If a warrant is improperly obtained, or if the seizure exceeds the scope of the warrant, the evidence obtained may be subject to suppression. Consider a scenario where police obtain a warrant to search a phone for evidence of theft, but during the search, they discover evidence of an unrelated crime. The admissibility of this additional evidence hinges on whether its discovery fell within the scope of the original warrant or an applicable exception.
In summary, the warrant requirement is central to limiting the duration law enforcement may hold a phone. It demands judicial oversight, ensuring that seizures are justified and reasonably limited in scope and duration. Exceptions to the warrant requirement, such as exigent circumstances or consent, offer narrow pathways for warrantless seizures, but even in these instances, the duration of the detention must be strictly tailored to the specific exigency. The consequences of violating the warrant requirement can be significant, potentially jeopardizing criminal prosecutions and exposing law enforcement to civil liability. A comprehensive understanding of the warrant requirement and its exceptions is, therefore, essential for protecting individual rights and ensuring the integrity of the legal system.
5. Consent exception
The consent exception to the Fourth Amendment significantly influences the permissible duration law enforcement may retain a cellular phone without a warrant. Valid consent, freely and voluntarily given, obviates the need for a warrant and permits the seizure and examination of the device. The length of time a phone may be held under the consent exception is directly tied to the scope and duration of the consent provided.
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Voluntariness and Scope of Consent
The prosecution bears the burden of proving that consent was given freely and voluntarily, without coercion or duress. The scope of the consent dictates the extent to which law enforcement may examine and retain the phone. For example, if an individual consents only to a search for a specific text message related to a particular incident, the consent does not extend to a comprehensive forensic examination of the entire device. The duration of the seizure must also align with the scope of the consent. Once the specific search authorized by the consent is completed, the justification for holding the phone ceases to exist.
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Withdrawal of Consent
An individual retains the right to withdraw consent at any time. Upon withdrawal, law enforcement must immediately cease the search and return the phone unless another valid exception to the warrant requirement exists, such as probable cause coupled with exigent circumstances. The point at which consent is withdrawn marks the end of the permissible retention period under the consent exception. Holding the phone beyond this point requires a warrant or another independent legal basis.
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Implied Consent and Third-Party Consent
The concept of implied consent rarely applies to cellular phone searches. Law enforcement cannot reasonably infer consent based solely on an individual’s conduct, such as handing over the phone upon request. The consent must be explicit and unambiguous. Third-party consent, where someone other than the phone’s owner provides consent, is generally invalid unless the third party possesses common authority over the device. For example, a spouse may have common authority over a shared phone, but not over a phone exclusively used by the other spouse. The duration of permissible retention based on third-party consent is limited by the scope of that authority.
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Documenting Consent
To mitigate legal challenges, law enforcement should meticulously document the consent process. This includes obtaining written consent whenever feasible, recording the oral consent, and ensuring the individual understands their right to refuse consent. Documentation should explicitly state the scope and duration of the consented search. Thorough documentation strengthens the prosecution’s case should the validity of the consent be challenged in court, influencing the admissibility of evidence obtained from the phone and, consequently, the legality of the retention period.
The consent exception offers a pathway for law enforcement to access and retain cellular phones without a warrant, but its application is strictly constrained by the principles of voluntariness, scope, and the right to withdraw consent. The duration of permissible retention is inextricably linked to these principles. Any deviation from these established standards risks violating the Fourth Amendment and undermining the admissibility of evidence obtained from the phone.
6. Device encryption
Device encryption directly impacts the duration law enforcement may permissibly retain a cellular phone absent a warrant. Encryption renders the data stored on the device unintelligible without the correct decryption key or passcode. This barrier to access significantly extends the time required to obtain actionable intelligence, thereby influencing the perceived “reasonableness” of the retention period pending judicial authorization. If a phone is unencrypted, officers may potentially review its contents quickly, justifying a shorter retention before seeking a warrant. Conversely, if a phone is encrypted, the time required for decryption efforts, either through forensic techniques or legal processes compelling disclosure of the key, may prolong the seizure duration deemed acceptable by the courts. For example, if a phone is seized based on probable cause that it contains evidence of a crime, but it is heavily encrypted, law enforcement cannot immediately access the data. They may hold the phone while applying for a warrant that compels the suspect to provide the decryption key, or while they explore forensic methods to bypass the encryption. This process can take days, weeks, or even months, potentially extending the retention period compared to an unencrypted device. The key is that, during this extended period, law enforcement must be actively pursuing legal or technical means of accessing the data. If they simply hold the phone without actively attempting decryption, the seizure may be deemed unreasonable.
The legal landscape regarding compelled decryption is still evolving. Courts often weigh the Fifth Amendment’s protection against self-incrimination when considering orders to compel the disclosure of passcodes. If providing the passcode would itself be testimonial, admitting knowledge and control of the phone, it may be protected. If, however, the government can demonstrate prior knowledge of the passcode, or if the act of providing the passcode is considered a “foregone conclusion,” the Fifth Amendment may not apply. The legal challenges associated with encryption often necessitate a more deliberate and time-consuming approach to obtaining judicial authorization. For instance, law enforcement may need to present expert testimony on the technical challenges posed by the encryption and the investigative steps they intend to take to overcome it. This added layer of complexity can extend the duration the phone is held before a warrant can be executed. In the absence of active, good-faith efforts to decrypt the data, the continued retention of the device may be deemed a violation of the Fourth Amendment.
Device encryption presents a significant challenge to law enforcement investigations, influencing the reasonable duration a phone may be held without a warrant. While encryption does not provide absolute immunity from seizure, it increases the legal and technical hurdles that must be overcome to access the data, thereby affecting the permissible timeline for retention. The legality of retaining an encrypted device hinges upon a balance between the government’s legitimate interest in investigating crime and the individual’s constitutional rights. Diligent pursuit of decryption efforts, whether through legal or technical means, is paramount in justifying an extended retention period. Failure to actively pursue decryption strategies increases the risk that the seizure will be deemed unlawful, potentially impacting the admissibility of any evidence ultimately obtained. Furthermore, law enforcement agency policies surrounding device encryption and data retention practices must be carefully considered and regularly updated to reflect evolving legal and technological standards.
7. Data minimization
Data minimization, a privacy principle emphasizing the collection and retention of only necessary data, directly constrains the duration a cellular phone may be held by law enforcement without a warrant. It posits that the scope of a search, and consequently the length of time the device is retained, should be proportional to the legitimate law enforcement purpose.
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Limiting Initial Data Acquisition
Data minimization dictates that law enforcement must narrowly define the scope of data sought during the initial seizure. Overbroad requests for data, such as requesting access to all files on a phone when only specific communication records are relevant, violate this principle. This directly impacts the length of time the phone can be legitimately held. A focused data request allows for quicker analysis and a reduced retention period. For instance, if an investigation centers on a specific timeframe for suspected drug transactions, the data request should be limited to communications within that period rather than a complete download of all phone data. This approach minimizes the time needed to review the data and reduces the justification for prolonged device retention.
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Retention Period Aligned with Investigative Need
Once data is acquired, data minimization requires that it be retained only as long as necessary to fulfill the specific investigative purpose. Indefinite retention of data, even with a warrant, is impermissible. The retention period should be justified by ongoing investigative needs, potential legal proceedings, or statutory requirements. For example, if a phone is seized in connection with a fraud investigation and the necessary evidence is extracted and analyzed, the phone and its data should not be retained indefinitely “just in case” other leads emerge. The retention period must be periodically reviewed and justified by continued relevance to the investigation. Data that is no longer relevant should be purged in accordance with established protocols.
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Minimizing Data Sharing
Data minimization also restricts the sharing of data obtained from a cellular phone with other agencies or individuals unless there is a clear and legitimate need. Unnecessary dissemination of personal information increases the risk of privacy breaches and compromises the individual’s rights. Any sharing of data should be documented and justified. This limitation impacts the length of time the phone may need to be held because if data is being shared and analyzed by multiple entities, the overall retention period can be significantly extended. Each agency involved should have a legitimate need for the data, and the sharing should be governed by appropriate agreements that protect the individual’s privacy.
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Auditing and Accountability
Effective data minimization requires robust auditing and accountability mechanisms. Law enforcement agencies should maintain detailed records of all data acquisitions, retention periods, and data sharing activities related to cellular phones. These records should be subject to regular audits to ensure compliance with data minimization principles and relevant laws. Auditing helps to identify instances of overcollection, unnecessary retention, or unauthorized sharing of data. Transparency and accountability are essential for building public trust and ensuring that data minimization principles are effectively implemented in practice. The ability to demonstrate adherence to these principles strengthens the legal justification for the duration the phone is held.
In summation, data minimization serves as a critical constraint on the duration law enforcement can permissibly hold a cellular phone. By limiting the scope of data acquisition, restricting retention periods to legitimate investigative needs, minimizing data sharing, and ensuring robust auditing and accountability, data minimization safeguards individual privacy rights while enabling effective law enforcement. A failure to adhere to these principles can render a phone seizure unreasonable and potentially unlawful, impacting the admissibility of evidence and exposing law enforcement to legal challenges.
8. Judicial oversight
Judicial oversight constitutes a fundamental safeguard ensuring that law enforcement’s power to seize and retain cellular phones remains within constitutional bounds. It is the mechanism by which a neutral magistrate evaluates the justification for such actions, thereby limiting the potential for abuse and protecting individual rights.
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Warrant Application Review
Prior to seizing a cellular phone for an extended period, law enforcement typically must obtain a warrant. This process entails submitting an application to a judge or magistrate, detailing the probable cause supporting the belief that the phone contains evidence of a crime. Judicial review of this application scrutinizes the sufficiency of the presented evidence. A judge determines whether the affidavit establishes a nexus between the phone and the alleged criminal activity. The judicial officer also ensures that the scope of the proposed search is appropriately tailored to the suspected offense. This oversight directly affects the permissible holding duration. If the judge finds the warrant application deficient, the warrant is denied, preventing prolonged seizure. Conversely, if the warrant is approved, its terms dictate the allowable retention period. For example, a judge may authorize a 30-day retention for forensic analysis, after which the phone must be returned or a renewed warrant sought.
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Emergency Seizure Scrutiny
While exigent circumstances may permit the initial seizure of a phone without a warrant, judicial oversight remains critical. Following such an emergency seizure, law enforcement must promptly seek judicial validation of their actions. A judge reviews the justification for the warrantless seizure, determining whether exigent circumstances truly existed. The judge will consider the risk of imminent harm or destruction of evidence and whether the officers acted reasonably in light of those circumstances. If the judge determines that the exigency was insufficient, the seizure is deemed unlawful, and any evidence obtained is inadmissible. Moreover, even if the initial seizure is deemed justified, the judge will determine whether the duration of the warrantless retention was reasonable under the circumstances. Prolonged retention beyond the scope of the exigency requires a warrant, subject to judicial review.
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Motion to Suppress Evidence
Even after a warrant is issued, judicial oversight continues through potential motions to suppress evidence. A defendant may argue that the warrant was improperly obtained, lacked probable cause, or was executed in violation of the Fourth Amendment. In such cases, a judge conducts an evidentiary hearing to evaluate the legality of the seizure and the subsequent search of the phone. The judge considers the totality of the circumstances, including the warrant application, the testimony of officers, and any evidence presented by the defendant. If the judge finds that the seizure was unlawful, the evidence obtained from the phone is suppressed, meaning it cannot be used against the defendant at trial. This power to suppress evidence serves as a potent check on law enforcement conduct and reinforces the importance of judicial oversight in ensuring that cellular phone seizures comply with constitutional requirements.
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Civil Remedies for Unlawful Seizure
Beyond criminal proceedings, individuals subjected to unlawful phone seizures may pursue civil remedies. They can file lawsuits against law enforcement agencies or individual officers, alleging violations of their Fourth Amendment rights. A judge or jury will then determine whether the seizure was unlawful and, if so, award damages to compensate the individual for the harm suffered. These damages may include compensation for emotional distress, reputational harm, and economic losses. The threat of civil liability provides an additional layer of judicial oversight, deterring law enforcement from engaging in unlawful seizures and reinforcing the importance of adhering to constitutional standards.
Judicial oversight, encompassing warrant review, emergency seizure scrutiny, motions to suppress, and civil remedies, serves as a crucial check on the power to hold a cellular phone. Each facet ensures that the permissible retention period remains aligned with constitutional safeguards and that any deviation is subject to rigorous evaluation by a neutral magistrate.
Frequently Asked Questions Regarding the Duration of Cellular Phone Retention by Law Enforcement Absent a Warrant
This section addresses common inquiries concerning the permissible timeframe law enforcement may hold a cellular phone without judicial authorization.
Question 1: Under what circumstances can police seize a phone without a warrant?
Law enforcement may seize a phone without a warrant under narrowly defined circumstances, including exigent circumstances (such as imminent threat to life or destruction of evidence), valid consent from the phone’s owner, or incident to a lawful arrest.
Question 2: If a phone is seized incident to arrest, how long can it be held?
When a phone is seized incident to arrest, it can be held for a reasonable period to conduct a search related to the crime for which the individual was arrested. The duration must be closely tied to the justification for the arrest and the need to preserve evidence.
Question 3: What constitutes “exigent circumstances” justifying prolonged phone retention?
Exigent circumstances include situations where there is a credible risk of immediate danger to life or the imminent destruction of critical evidence. The retention period under this exception is limited to the duration of the exigency.
Question 4: How does device encryption affect the permissible retention period?
Device encryption can prolong the permissible retention period as it may require law enforcement to seek additional legal processes or employ forensic techniques to access the phone’s contents.
Question 5: What legal recourse is available if a phone is held unlawfully?
Individuals subjected to unlawful phone seizures may pursue civil remedies, such as filing lawsuits alleging violations of their Fourth Amendment rights, and may also seek to suppress any evidence obtained from the phone in criminal proceedings.
Question 6: What steps should one take if their phone is seized by police?
Individuals should politely inquire as to the legal basis for the seizure and consult with legal counsel to understand their rights and potential legal options.
This information provides a general overview and should not be considered legal advice. Consult with a qualified attorney for guidance on specific legal matters.
Navigating Cellular Phone Seizure by Law Enforcement
This section provides essential guidance regarding cellular phone seizure by law enforcement, focusing on preserving individual rights and understanding legal limitations.
Tip 1: Know Your Rights. Individuals have the right to remain silent and the right to an attorney. Assert these rights if approached by law enforcement. Refrain from providing any information or consent until legal counsel is consulted.
Tip 2: Understand the Basis for Seizure. Inquire about the legal justification for the phone’s seizure. Determine if the seizure is based on a warrant, exigent circumstances, or consent. Document the officer’s explanation.
Tip 3: Limit Scope of Consent. If consent is given for a search, explicitly define the scope and duration of that consent. Ensure the officer understands the limitations. Consent can be withdrawn at any time.
Tip 4: Document Everything. Immediately after a phone seizure, meticulously record the details: date, time, location, officer names and badge numbers, and the reason given for the seizure. This record is vital for any subsequent legal proceedings.
Tip 5: Consult Legal Counsel. Seek legal advice from a qualified attorney experienced in Fourth Amendment law as soon as possible following a phone seizure. An attorney can assess the legality of the seizure and advise on appropriate legal strategies.
Tip 6: Preserve the Evidence. Avoid altering the phone’s data or attempting to delete any information. Any such actions may be construed as obstruction of justice and could complicate legal challenges to the seizure.
Tip 7: File a Complaint if Warrantless. If a cellular phone is held longer than reasonably necessary based on exigent circumstances or lacks reasonable suspicion and a valid warrant is not obtained expeditiously, consider filing a complaint with the law enforcement agency and consulting legal counsel about potential remedies.
Adherence to these guidelines empowers individuals to protect their constitutional rights and navigate encounters with law enforcement effectively.
By proactively understanding seizure protocols and seeking legal guidance, individuals can ensure fair treatment and uphold their rights within the legal framework.
Conclusion
The parameters governing temporary cellular phone retention are intricate, balancing law enforcement needs with constitutional protections. Article provides exposition of the critical factors defining permissible duration absent judicial authorization. Legal precepts, like exigent circumstances, the warrant requirement, and data minimization strategies, impose discernible constraints. Understanding these factors is essential for all stakeholders.
Ongoing developments in technology and jurisprudence will continue to shape the legal landscape concerning electronic device seizures. Vigilant defense of constitutional rights, coupled with informed engagement on evolving legal standards, remains paramount in ensuring a balance between public safety and individual liberties. Sustained awareness promotes responsible application of legal authorities.
