In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: Therefore, the magistrate could not have relied on such information when making the probable cause determination. [¶ 23] When Utvick’s room was searched on June 1, 2002, the officer observed persons in the room attempting to dispose of drugs by flushing in the bathroom, after executing a search warrant without a no-knock provision. While Ut-vick is not alleged to have engaged in this activity, Utvick was the registered guest of the hotel room and was in the company of persons suspected of disposing of evidence. Prior history of destruction of evidence, when detailed in an affidavit for a no-knock search warrant, is not a threshold requirement but may strengthen probable cause to believe evidence will be destroyed. Cf. Mazepink v. Arkansas, 336 Ark. 171, 987 S.W.2d 648, 655 (1999) (<HOLDING>); Henderson, 629 N.W.2d at 624 (holding 
 Holding statements: (A) holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant (B) holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant (C) holding noknock search warrant unreasonable because no exigent circumstances existed and noting moreover there was no evidence  the occupants may have attempted to destroy the evidence  by flushing it down the toilet (D) holding that officers may detain the occupants of a vehicle while executing a search warrant (E) holding no liability existed under the circumstances

Answer: holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant


Question: party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judg ment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. Fed. R. Civ. P. 60(b). “In deciding a Rule 60(b) motion, a court must balance the policy in favor of hearing a litigant’s claims on the merits against the policy in favor of finality.” Kotlicky v. United States Fid. & Guar. Co., 817 F.2d 6, 9 (2d Cir.1987) (citation omitted). Moreover, Rule 60(b) motions are left to the sound discretion of the district judge. See Nat’l Petrochemical Co. of Iran v. The M/T Stolt Sheaf, 930 F.2d 240, 244 (2d Cir.1991) (<HOLDING>). “To prevail on a motion for relief pursuant 
 Holding statements: (A) holding that motions to vacate a judgment are addressed to the sound discretion of trial justice (B) holding that a motion to vacate a judgment under fedrcivp 60b is addressed to the sound discretion of the trial court   citations omitted (C) holding that fedrcivp 60b motion premised on fraud on the court is available only to prevent a grave miscarriage of justice (D) holding that motion filed under fedrcivp 60b properly construed as successive  2255 motion (E) holding a motion to withdraw a guilty plea and grant trial is addressed to the sound discretion of the trial court and the supreme court will not upset the courts ruling unless there is a sufficient showing of abuse of discretion

Answer: holding that motions to vacate a judgment are addressed to the sound discretion of trial justice


Question: See also United States v. Morgan, 384 F.3d 1, 6 (1st Cir.2004) (questioning whether plain error was even available, or whether the issue was waived entirely, when a Blakely issue was neither raised below nor initially in this court). Plain error is an extremely deferential standard; errors will be corrected only if “(1) ... an error occurred (2) which was clear or obvious and which not only (3) affected [his] substantial rights, but also (4) seriously impaired the fairness, integrity, or public reputation of judicial proceedings.” Id. (quoting United States v. Duarte, 246 F.3d 56, 60 (1st Cir.2001)). In applying the plain error standard after Blakely, we have held that no plain error occurs where the facts underlying the enhancement _ were undisputed. Savarese, 385 F.3d at 22 (<HOLDING>). We have also noted, and now emphasize, that 
 Holding statements: (A) holding that a sentencing court may warn a defendant of the possibility of a sentence enhancement (B) holding that omission was not plain error (C) holding that a defendant who fails to object to an error at a plea colloquy hearing must satisfy the plain error rule (D) holding that a defendant who did not dispute the factual basis underlying the sentence enhancement forecloses a finding of plain error (E) holding that any error was harmless and thus not plain error

Answer:
holding that a sentencing court may warn a defendant of the possibility of a sentence enhancement