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.

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
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

it was given voluntarily. If these questions are resolved in favor of the State, then, without being advised of the court’s decision, the jury shall be instructed that they should decide whether in view of all the same circumstances the defendant’s confession is true. If they find that it is not true, then they must treat it as inadmissible and disregard it for purposes of discharging them function as fact finders on the ultimate issue of guilt or innocence. [Id. at 272, 294 A.2d 23.] See also State v. Thomas, 76 N.J. 344, 366, 387 A.2d 1187 (1978) (reaffirming Hampton principle that trial court is sole arbiter of voluntariness of defendant’s statements and rejecting defendant’s invitation to overrule decision); State v. Bowman, 165 N.J.Super. 531, 537-39, 398 A.2d 908 (App.Div.1979) (<HOLDING>). The New Jersey Rules of Evidence codified the 
 Holding statements: (A) holding prosecutors statement to jury on summation that trial court had previously found defendants two confessions voluntary constituted reversible error even though trial court gave hampton charge because it failed to instruct jury to disregard prosecutors statement (B) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (C) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (D) holding no injury to ashley shown by statement to widow of murder victim that was not in evidence because trial court gave sua sponte instruction to jury to disregard statement and statement did not contradict ashleys testimony (E) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error
holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge

file his § 2254 petition, see Lawrence, 421 F.3d at 1226-27; and (2) the co-defendant's affidavit — indicating that neither he nor San Martin knew about a murder plan — is not evidence of actual innocence of the crime or the death penalty, see Sibley, 377 F.3d at 1205. The district court reasoned that regardless of whether Petitioner planned to kill another person, the murdered individual was killed while Petitioner perpetrated a robbery, which still constitutes first-degree felony murder under Florida law. Moreover, the court said, the death penalty remains permissible because Petitioner never challenged several of the aggra ew affidavit in the Statement of Facts is not enough to preserve the issue for appeal. See La Grasta v. First Union Sec., 358 F.3d 840, 847 n. 4 (11th Cir.2004) (<HOLDING>); Greenbriar, Ltd. v. City of Alabaster, 881 
 Holding statements: (A) holding that a partys reference to having made an argument before the district court in the statement of facts is not an adequate substitute for elaborating on the merits of the argument on appeal (B) holding argument not asserted before district court is waived on appeal (C) holding that this court need not address the merits of an argument raised for the first time on appeal (D) holding that an argument not made to the circuit court cannot be raised on appeal (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

holding argument not asserted before district court is waived on appeal