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The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defense. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for criminal law and procedure: Constitutional Procedure, apply it to the material facts, and explain the likely remedy or consequence.