instruction:
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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
he called the dispatcher for assistance, the occupants had already been handcuffed. And the record provides no indication that the occupants threatened his safety. Moreover, if Reilly had not been concerned that the occupants would discard evidence, he and Horn could have driven the four, two to a car. Instead, he opted to wait for separate transportation, so the suspects could not leave contraband in the patrol car and possibly blame their fellow passengers. Reilly also had an objective reason to believe that Voichahoske was concealing evidence and that given the opportunity, he might destroy it. Reilly already had probable cause to believe Voichahoske was concealing drugs on his person, which, in turn, justified his arrest. See State v. Dussault, 193 Neb. 122, 225 N.W.2d 558 (1975) (<HOLDING>). Because a search of his person was 
 Holding statements: (A) holding fourth amendment protects right to be free from arrest without probable cause (B) holding invalid warrant did not create probable cause for arrest (C) holding that probable cause is a complete defense to an action for false arrest (D) holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same (E) holding that warrantless arrest based on probable cause did not violate the fourth amendment
answer:
(D)


question:
until after the interview ended. Defendants therefore contend that we should ignore contrary testimony by Whalen and Connelly. On summary judgment, however, we do not merely accept the plaintiff's contentions as true. Instead, we must draw all justifiable inferences in the nonmovanfs favor. There is no requirement that inferences favorable to the plaintiff may only be based on evidence that she has submitted to us. Here, the justifiable inference favorable to plaintiff is that a question of fact exists regarding this issue. 6 . The Supreme Court’s plurality decision in Al-bright casts some doubt on whether a plaintiff may state a claim for coercion of a confession under both the Fifth and the Fourteenth Amendments. See Albright,-U.S. at-,-,-, -, 114 S.Ct. at 813, 814, 817, 820-21 (<HOLDING>). The Second Circuit has stated that Albright 
 Holding statements: (A) holding that false arrest supports a claim against state police under  1983 because it violates the fourth amendment (B) recognizing  1983 substantive due process claim (C) holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed (D) holding that warrantless arrest based on probable cause did not violate the fourth amendment (E) holding in five separate opinions that  1983 claim based on persons arrest cannot be brought under substantive due process where more specific constitutional provision  fourth amendment  applies
answer:
(E)


question:
1603(b)(2). If either of these arguments holds true, the district court would have removal jurisdiction. Otherwise it would not. EOTT, in its supplemental brief, also argued to the Court that an alternative basis for jurisdiction is diversity pursuant to 28 U.S.C. § 1332. It was brought to our attention by Appellants that plaintiff EOTT and defendant Lexington Insurance Corporation are both incorporated in Delaware. If that is indeed the case — the record is silent on Lexington’s state of incorporation — there would be no diversity jurisdiction. On remand, the district court should determine whether there was complete diversity at the time removal was sought, or, if not, at the time it entered its final judgment. Harris v. Provident Life & Acc. Ins. Co., 26 F.3d 930, 932 (9th Cir.1994) (<HOLDING>); see also O’Halloran v. University of 
 Holding statements: (A) holding that where a litigant objects to removal but fails to apply for an interlocutory appeal to preserve an attack on removal jurisdiction the district courts judgment can be upheld if the court would have had original jurisdiction of the case at final judgment (B) holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment (C) holding that review of an original removal decision and a subsequent removal order are distinct (D) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (E) holding that a motion brought under rule 60b6 two years after the district courts judgment was untimely where the reason for the attack upon that judgment was available for attack upon the original judgment
answer:

(A)