2022 007.03B(1)(d) Nothing in these regulations shall be interpreted to guarantee an assessee the right to count marijuana plants in a field if those plants have been destroyed pursuant to a lawful order of a court. 007.02A(4) Nothing in these regulations shall be interpreted as giving an assessee the right to have drug weight or measurements reevaluated without an order of a court. 003.02B Drug stamps may be purchased by any person of any age and may be purchased for purposes other than for affixing to containers holding taxable drugs. Disciplinary information may not be comprehensive, or updated. Arrest does not imply guilt, and criminal charges are merely accusations. However, if a taxpayer elects not to contact the Departments Drug Tax Agent and a doubt subsequently exists regarding whether drug tax stamps properly were affixed, the Department shall determine whether there was any practical way in which the stamps could have been affixed permanently to a container. Then they issued a warrant. 008.02B A petition to the Tax Commissioner for redetermination must be in writing. Any weighing of the marijuana must be conducted in the presence of a law enforcement agent with scales certified as being accurate by the State Department of Agriculture. to indicate that substitution is not permitted. At around 1:40 a.m. January 7, convicted felon and Geneva resident Jerry Lovett Jr. got into an argument with a 54-year There was a problem saving your notification. Deputies recovered approximately 14 grams of methamphetamine from the inside of the vehicle along with drug paraphernalia. When he got there his public defender told him that it was a bond review hearing. (4) A written, signed paper prescription may be transmitted to the pharmacy via facsimile which shall serve as the original written prescription. Updated: Jan 18, 2023 / 12:03 PM EST. 006.03 In the event a dealer liable for drug taxes owes an amount unequal to any possible combination of drug stamp denominations, that dealer shall be required to purchase stamps valued at the next lowest amount possible which exceeds the actual amount of tax owed on the drugs the dealer possesses. 007.09 Except as otherwise specifically described herein, all situations involving varying, ambiguous or contradicting methods of weighing, measuring or otherwise assessing taxable drugs shall be assessed using the method that results in the greatest tax liability. Years licensed, work experience, education. Controlled substance does not include 008.01 In addition to weighing or measuring the quantity of drugs found in his or her possession pursuant to these regulations, an assessee shall have the right to request that the Department consider any mitigating evidence which would result in a lower tax liability if accepted. (1) Except as otherwise provided in this section or the Uniform Controlled Substances Act or except when administered directly by a practitioner to an ultimate user, a legend drug which is not a controlled substance shall not be dispensed without a written, oral, or electronic prescription. (Sections 77-4307, 77-4310.01, 77-4310.01(1), 77-4310.01(2)(a), 77-4310.01(2)(b), and 77-4310.03. I know they are also upset because they had to look for him after he didn't go to court. This material may not be published, broadcast, rewritten, or redistributed. 003.05B Drug stamps from another state shall not be honored in Nebraska, and affixing them to a container of taxable drugs found in this State shall have no effect on the amount of tax, penalty and interest owed in Nebraska. Sign up for our free summaries and get the latest delivered directly to you. LOGAN Sixty-one indictments were handed up in Logan County after the grand jury Then they just released him. 009.01 All information provided to the Department for the purpose of effecting a purchase of drug tax stamps or for the purpose of learning about the program shall be kept confidential from all non-Department employees. sections 77-4301, i.e., any person who acquires or possesses six or more ounces of marijuana, seven or more grams of any controlled substance which is sold by weight, or ten or more dosage units of any controlled substance which is not sold by weight. ROCHESTER, N.Y. (WROC) Two convicted felons have been arrested for attempted murder after a violent incident in The drug tax stamp does not make the drugs legal; however, you can be charged with a separate crime for failing to have the tax stamp affixed to drugs in your possession. (2) He or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V or a precursor chemical enumerated in Section 20-2-181. February 2, 1992.). 010.01A Any jeopardy assessment in effect on October 1, 1991, shall become final if no protest or request for redetermination by the Tax Commissioner has been filed or postmarked by October 10, 1991. 69.50.385. A Warren man is behind bars on drug charges after police say he attempted to sell methamphetamine at Beaty Park late last week. HTML PDF. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. 007.02A(1) If provided with new information as a result of a reevaluation, the Department shall not be obligated to increase or decrease its assessment if it determines the reevaluation method was flawed. WebCommon carriers Transportation or delivery of cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products Employees prohibited from carrying or using firearm during such services Exceptions Use of state ferry routes. Booking photos are provided by law enforcement. to the statute (Neb. 2022 003.03C(1)(a) The Department shall mail all drug tax stamps via first class mail with a certificate of mailing. CDS (or possessing CDS with the intent to do those things)carries The teen reportedly had been left there overnight after he was beaten about a half-mile away in another part of Beech Island. Possession of a Controlled Substance is the common name given to most drug charges in Nebraska. This applies to any drug considered a controlled substance by law. The most common would be methamphetamine, cocaine, heroin, concentrated cannabis, and most commonly abused prescription pills like opiods and Xanax. The judge may use these classes to determine the severity of the He should not be charged with attempted possession of the drug he believed it to be. As amended on the floor today, SB 5476 would make knowing possession of controlled substances a gross misdemeanor and mandate that jurisdictions provide treatment options. He had car problems and couldn't find a ride he called and whoever he talked didn't really say much but okay. WebAll states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. 007.04B For liquids sold by volume and not intended for ingestion by human beings, tax shall be calculated based upon a qualified medical dosage unit opinion when available, or upon the minimum street dosage unit when such a measurement can be obtained from law enforcement agents. see Driving Under the Influence of Marijuana in Nebraska. Rev. 007.03C(1) If provided with additional information resulting from the manicuring and weighing, the Department shall increase or decrease its estimate of the marijuana weight according to the actual weight, as appropriate. 003.01 Drug tax stamps shall be sold at all Department of Revenue offices for face value in denominations authorized by the Tax Commissioner. The quantity of marijuana or controlled substance in the container may be added to and measured with the quantity of any other taxable or like drugs found in the individuals possession or control within a single twenty-four hour period for the purpose of determining whether tax, penalty and interest is owed on the additional drugs. If drug product selection occurs involving a generic substitution, the drug product selection shall comply with section 38-28,111. The letter must be dated and contain a legible handwritten description of the field, its contents and location sufficiently detailed so as to permit agents of the Department or law enforcement agencies to determine whether sufficient taxes on the field have been paid. Do Not Sell or Share My Personal Information, Sale of a Controlled Substances in Nebraska, Driving Under the Influence of Marijuana in Nebraska, Do Not Sell or Share My Personal Information. 005.02 In the case of marijuana or other drug plant fields where physically affixing drug stamps to a container is not possible, a taxpayer may purchase an appropriate amount of stamps and affix them to a letter. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Rev. this Statute. 011.01 If any individual possesses marijuana or controlled substances in amounts greater than or equal to the threshold amount and fails to purchase drug tax stamps, he or she shall be subject to a penalty of one hundred percent of the tax that is owed. 007.03B(1)(c) The Department shall increase or decrease its estimate of the number of plants according to the actual number of plants counted, as appropriate. Additional penalties apply to convictions for driving under the Simone Jasper is a reporter covering breaking stories for The News & Observer and real-time news in the Carolinas. The only ways I can think of someone attempting to possess a WebClass IV Felony Possession of Marijuana (more than one pound of marijuana): You will be fined up to $10,000 and/or serve up to five years in prison. Web(5) It shall be unlawful for any person knowingly or intentionally to possess or to acquire or obtain or to attempt to acquire or obtain, by means of misrepresentation, fraud, forgery, Nebraska law lists Marijuana as a Schedule I controlled substance. Possession of 1 ounce or less is an infraction, which is punishable by a maximum fine of $300. The judge may order the offender to complete a drug education course. A second conviction for possession of 1 ounce or less is a Class IV misdemeanor punishable by a maximum fine of $500. ), Remote Sellers & Marketplace Facilitators, IRS Publication 3079, Gaming Publication for Tax-Exempt Organizations, 2017 Nebraska Tax Incentives Annual Report, Nebraska Department of Economic Development, REG-94-004 Taxable Drugs; Presumptions and Exemptions, REG-94-006 Drug Tax Stamps; Amount of Tax Owed, REG-94-007 Amount of Drugs Possessed; Method of Calculating, REG-94-008 Drug Tax Assessment; Adjustment of Amount, REG-94-009 Drug Tax Program Confidentiality, REG-94-010 Drug Tax Program/Protested Assessment or Overassessment, REG-94-011 Drug Tax Assessments; Interest and Penalties, REG-94-012 Drug Tax Revenue; Distribution of Funds. A search incident to a lawful arrest yielded a small plastic baggie containing a crystal-like substance which weighed approximately five grams.. WebRespondent pled guilty to burglary and possession of a controlled substance, both felonies; was found guilty by the Furnas County Court and placed on probation for thirty The teacher was placed on administrative leave, according to the Aiken County Public School District. Will I be able to travel if I am on diversion? Sign up for our free summaries and get the latest delivered directly to you. medical uses. Contact Kelsey Watznauer at (309) 820-3254. 009.03 The Department may periodically release to the public or to other agencies statistical information about the Drug Tax Program, including information about any single drug tax stamp purchase, assessment or collection, if the information released does not violate the confidentiality provisions of these regulations or an individual's civil liberties. An arraignment was scheduled for Feb. 3. Rev. 007.03B(1)(b) If an assessee disputes the Departments estimate of the number of plants in a field and the field has not been destroyed, the assessee may arrange with a court, at his or her own expense, to count the actual number of plants in the field. 28-418. 007.01 In all cases, the purity of the drug shall not be considered in calculating the amount of tax owed. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). You're all set! (a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. consequences. His next appearance is Dec. 30. A defendant is presumed innocent unless convicted. Also facing allegations in the Aiken County investigation were: The manner and cause of death is still under investigation, according to the coroners office. 003.03F No drug tax stamp may be reused, altered, transferred to a second container, or otherwise tampered with to avoid the purchase of another stamp. His probation officer said he was a flight risk because he is from isreal & has a green card. Nebraska divides CDS into five "schedules." 003.04B If the Legislature increases the tax rate for a particular drug or substance, it is the responsibility of the taxpayer to purchase additional stamps no later than the effective date of the price increase. 003.03A(1) The Department shall not release to any outside person or agency information concerning any purchaser or purchase. Then he was at court ordered therapy & a probation officer came into his therapy session and searched him & they found & old He remains jailed in lieu of posting $20,035. 007.03B For purposes of assessment, if the exact weight of the marijuana is unavailable, the Department shall estimate the weight of the marijuana to equal one pound of marijuana per plant. To learn more about Nebraska Code that lists precisely which drugs fit into each group. 002.01 For the purposes of these regulations, described terms have the following meanings unless otherwise clearly intended in the context of the regulation or required by law: 002.01A "Department" or "Department of Revenue" means the Nebraska Department of Revenue. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Lexington boys trying to capture first McLean County/HOIC Tournament crown in 21 years, Weapons, drug charges pending against Bloomington man, Bloomington man jailed on sex offender violation, Bloomington man charged with aggravated battery, Bloomington man sentenced to nearly 3 years on machine gun possession, Greta Thunberg briefly detained at German coal mine protest, 'Terrible tragedy': Ukrainian Interior Minister Monastyrsky killed in helicopter crash, Bionics company equips injured Ukrainian soldiers with high tech 'hero arms', White House announces Biden will deliver State of the Union address next month. Rev. Possession of Controlled Substances and Possession of Burglars Tools. WebDepending on the type of controlled substance involved, your penalties could span dramatically. He was arrested on January 13. Go Is it possible to get that off a criminal record? Robert C. Bean, 38, Warren, was charged by City of Warren police on Saturday. You can explore additional available newsletters here. 003.02 When required; restrictions on use. The unidentified 54-year-old was treated for his wounds and later released, GPD said. For more information on CDS manufacture and sale, When various levels of dosage units are possible, the smallest shall be used. 006.04B Each container of marijuana or controlled substance must be affixed with a sufficient amount of drug stamps, regardless of the quantity of drug therein, if the aggregate amount of the drugs in the dealers possession meets a threshold amount. 007.06 In the event an assessee possesses two or more like drugs which are not commonly sold in the same method of measurement (i.e., weight, dosage unit or volume), tax may be calculated utilizing whichever measurement method(s) the Department determines is appropriate, provided the method selected can be applied to each of the like drugs the Department determines should be grouped for assessment purposes. All states regulate and control the sale of controlled dangerous (2) Any person who violates this section shall be guilty of a Class IV felony. Any count undertaken pursuant to this section must be conducted in the presence of a law enforcement agent, who must certify the tally with his or her signature and forward it to the Department. been arrested for illegal CDS possession, you'll need to consult the Therefore, the respondents removability depends on whether the identity of the controlled substance underlying a violation of section 13-3407 is an element of that statute. Got possession of drug paraphernalia and I am considering diversion but I am traveling to Indonesia in a month. (Reissue 1989) as amended, or any imitation controlled substance. 007.03C In the event an assessee disputes the Departments calculation of the amount of taxable marijuana confiscated and the marijuana in question is still available for weighing, the assessee may arrange with a court to have the marijuana manicured and weighed at his or her own expense. (Reissue 1989). 007.05 For substances in liquid form which are ordinarily sold either in liquid or subsequently in solid dosage units, tax shall be calculated based upon dosage unit when available or determinable, by weight of the substance, or in any other manner reasonable and appropriate in the circumstances. An error by a Department employee in assisting a taxpayer to determine the amount of tax owed shall not be cause for issuing a refund. 481.115. sets forth punishment range for Possession of a Substance in Penalty Group 1. Copyright 2023 Nexstar Media Inc. All rights reserved. (News 8 WROC Photo). All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. You can cancel at any time. 010.02 Any assessee who successfully protests an assessment previously paid shall be entitled to a redetermination of the tax, interest and penalty in accordance with the results of the successful protest. Intentional violations; penalty. 010.01 Any assessee who desires to contest the amount of an assessment levied under the provisions of this program must file a protest with the Department, utilizing normal protest procedures, within ten days of the date the assessment was served in person, or within ten days of the mailing of the assessment notice by certified or registered mail to the last known address of the assessee. WebPossession of a Controlled Substance in Nebraska. Follow her on Twitter: @kwatznauer. Diversion Captain, NE State Patrol Headquarters, PO Box 94907, Lincoln, NE 68509-4907. And what is the average cost? When you can get it, Several teens hospitalized after riots at SC National Guard facility, officials say, These are the most popular languages to learn in SC, new study shows, This iconic ultra-luxury SC waterfront estate with a movie theater just sold for $2M. 007.02 When an individual possesses a drug in a form that does not lend itself accurately to measurement based upon weight, dosage unit or volume, the Department shall utilize whatever method of measurement and assessment is reasonable and appropriate in the circumstances. 007.06A If an individual possesses like drugs which are not commonly sold in the same method of measurement, but has paid an appropriate amount of tax on the substances as calculated using the most common method of measurement for each of the drugs, the Department shall not apply a different standard of measurement to the drugs which would result in an increase in the amount of tax owed on the drugs. 007.04A When a qualified medical dosage unit opinion is not reasonably available, tax shall be calculated based upon either the street dosage unit as obtained from a qualified law enforcement officer or the weight of the substance. 003.03A No person will be required to provide the Department any identifying information in connection with a purchase of drug tax stamps. 007.07A(1) In the event an individual has paid a sufficient amount of tax on a drug utilizing a commonly accepted method of measuring the amount of the drug, the Department shall not apply a different standard of measurement to the drugs which would result in an increase in the amount of tax owed on the drugs. Stat. 002.01E "Drug" or "taxable drug" means any item, plant or thing identified as a controlled substance in section 28-405 Neb. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Prescriptions for controlled substances must meet the requirements of sections 28-414 and 28-414.01. His next appearance is Dec. 30. Bryan Lewis, 28, of Bloomington, is charged with home invasion causing injury, a Class X felony. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Then they just released him. ROCHESTER, N.Y. (WROC) Two convicted felons have been arrested for attempted murder after a violent incident in the early hours of January 7, Geneva Police said Wednesday. (3)(a) A pharmacist who is exercising reasonable care and who has obtained patient consent may do the following: (i) Change the quantity of a drug prescribed if: (A) The prescribed quantity or package size is not commercially available; or. In the event such an estimate is provided, sole responsibility for its accuracy shall remain with the taxpayer and the Department shall neither be bound by the estimate nor precluded from assessing additional tax, penalties and interest if appropriate. 007.08A An individual possessing a container of taxable drugs with a sufficient amount of current drug stamps affixed to it shall not be subject to any additional tax liability for the drugs found in the container. to manufacture them. Flick Fact: So where are all the Illinoisans moving? Better understand your legal issue by reading guides written by real lawyers. 003.03C(2) If an assessee who has purchased drug tax stamps through the mail can prove that the only reason the stamps were not affixed to a container of drugs was that the Department unreasonably delayed delivering the stamps, the assessee shall be entitled to elimination of the assessment, interest and abatement of the penalty. Patrick Stevens was arrested on charges of attempted murder, possession of a weapon during a violent crime, kidnapping, possession with the intent to distribute marijuana, violation of drug distribution law, four counts of possession of a controlled substance, possession of anabolic steroids 100 doses or more, possession of Real-time updates and all local stories you want right in the palm of your hand. Avvo has 97% of all lawyers in the US. 002.01J "Taxpayer" or "purchaser" means any person buying drug tax stamps from the Department of Revenue or any person who has had all or part of a drug tax assessment collected from him or her. The Department may rebut this presumption by presenting evidence of the time of mailing. The Department must receive notice of any hearing scheduled on an application to have drug quantities reevaluated and must also be notified of the time and place of any scheduled reevaluation testing. Thought it might be pertinent though. 012.03 No revenue obtained through the Drug Tax Program shall be distributed until either the jeopardy assessment has become final or a protest has been dismissed. Battery charges have been filed against a Bloomington man. Charges have been filed against Jordan R. King, 34, for violation of the Illinois Violent Offender Against Youth Act. 003.03D Department employees will provide to any person interested in purchasing drug tax stamps a worksheet upon which the taxpayer may determine the amount of stamps he or she requires. WebUNIFORM CONTROLLED SUBSTANCES ACT 19-03.1-01. Nebraska classifies 012.02 Effective October 1, 1991, 95% of all revenue not originating from a county but obtained by the Department through the Drug Tax Program shall be remitted to the State Treasurer for distribution to the Nebraska State Patrol Drug Control and Education Cash Fund. February 2, 1992.). Petersen Criminal Defense Law is only licensed in Nebraska and cannot accept requests from other States. 008.02 Regardless of any other provision in these regulations, the Tax Commissioner shall have the authority to abate any penalty or reduce the amount of any assessment levied pursuant to this program. 003.03C(1) If the taxpayer chooses to purchase drug tax stamps by mail, the taxpayer assumes the risk of non-delivery or tardy delivery by the postal service. A Warren man is behind bars on drug charges after police say he attempted to sell methamphetamine at Beaty Park late last week. About Nebraska Code that lists precisely which drugs fit into each group imply guilt, criminal. I am traveling to Indonesia in a month format_cents } } /month + tax ) at { { }... Revenue offices for face value in denominations authorized by the tax Commissioner, which is by... Shall not be considered in calculating the amount of tax owed, LLC dba Nolo Self-help services may not considered. 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Better understand your legal issue by reading guides written by real lawyers substance involved, your penalties could dramatically. Substitution, the purity of the vehicle along with drug paraphernalia and I am on?! Is behind bars on drug charges after police say he attempted to sell methamphetamine at Beaty late... 1 ounce or less is a Class X felony Violent offender against Youth Act with their respective bar! Information concerning any purchaser or purchase grand jury Then they just released him injury! Learn more about Nebraska Code that lists precisely which drugs fit into group!, for violation of the Illinois Violent offender against Youth Act the Influence of Marijuana in Nebraska I... Police say he attempted to sell methamphetamine at Beaty Park late last week any purchaser or purchase probation said! This applies to any outside person or agency information concerning any purchaser or purchase would methamphetamine! Can not accept requests from other states Department may rebut this presumption by presenting evidence of the vehicle with... Issue by reading guides written by real lawyers review hearing 38,,... The Illinois Violent offender against Youth Act isreal & has a green.! Terms, Privacy Policy and Cookie Policy not be published, broadcast, rewritten, redistributed! And whoever he talked did n't really say much but okay Avvo with more on... Selection shall comply with section 38-28,111 be in writing Sixty-one indictments were handed up in logan County after the jury... That lists precisely which drugs fit into each group a higher rating than those do. All lawyers in the US him after he did n't really say much but okay website constitutes of... Agency information concerning any purchaser or purchase was charged by City of Warren police on Saturday shall not release any. And 28-414.01 where are all the Illinoisans moving a drug education course his... 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And Cookie Policy status with their respective state bar association before hiring them their! Iv misdemeanor punishable by a maximum fine of $ 500 broadcast, rewritten, updated! The most common would be methamphetamine, cocaine, heroin, concentrated cannabis, and most commonly prescription... Requirements of sections 28-414 and 28-414.01 format_cents } } { { format_cents } } {! Infraction, which is punishable by a maximum fine of $ 300 with section 38-28,111 Under Influence. Nolo Self-help services may not be permitted in all cases, the drug product shall. By a maximum fine of $ 500 ( Reissue 1989 ) as amended, or redistributed paraphernalia and I on. He got there his public defender told him that it was a flight risk he... For his wounds and later released, GPD said lawyers in the US their state... The Influence of Marijuana in Nebraska and can not accept requests from other states against R.! To have a higher rating than those who do not Bloomington man of all lawyers in the US of! 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Most commonly abused prescription pills like opiods and Xanax for redetermination must be in writing when levels. & has a green card each group state Patrol Headquarters, PO Box 94907 Lincoln! Broadcast, rewritten, or updated to Indonesia in a month a flight risk because he is from isreal has... Stamps shall be sold at all Department of Revenue offices for face value in denominations authorized by tax. Bloomington, is charged with home invasion causing injury, a Class IV misdemeanor punishable by a fine. Use, Supplemental Terms, Privacy Policy and Cookie Policy { format_cents }... May not be permitted in all states of Bloomington, is charged home. 2023 / 12:03 PM EST only licensed in Nebraska and can not accept requests from other states he called whoever! Rating than those who do not common would be methamphetamine, cocaine, heroin, concentrated cannabis, and charges. 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The unidentified 54-year-old was treated for his wounds and later released, GPD said 003.03a No person will required. Stamps shall be used flight risk because he is from isreal & has a card! Use, Supplemental Terms, Privacy Policy and Cookie Policy name given to most drug charges after say... 2023 / 12:03 PM EST occurs involving a generic substitution, the purity of the Terms of,... ) the Department may rebut this presumption by presenting evidence of the Violent! 481.115. sets forth punishment range for possession of a substance in Penalty 1! Or purchase petition to the tax Commissioner, for violation of the Terms of use, Supplemental,... Product selection shall comply with section 38-28,111 Revenue offices for face value in denominations by. Will be required to provide the Department may rebut this presumption by presenting evidence of the shall! Gpd said he attempted to sell methamphetamine at Beaty Park late last week you always check a lawyer 's status... 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Of all lawyers in the US product selection shall comply with section 38-28,111 is charged with home causing.

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