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:
to raise any claim contesting Defendants’ entry into her home or taking of photographs, and she cannot add such a claim at this stage of the litigation. To the extent Plaintiff contends that the photographs are inadmissible pursuant to the exclusionary rule, the court disagrees — there is no indication of an illegal search in any of Plaintiff's filings. It appears that Plaintiff voluntarily permitted Defendants to enter the home. After entering the home, the officers were entitled to photograph objects in their plain view, and they were also permitted to photograph evidence they viewed from outside the residence, such as the window screens. See Wilson v. Supt., Attica Corr. Facility, No. 00-CV-0767 (NAM)(GLS), 2003 WL 22765351, at *8 (N.D.N.Y. Nov. 24, 2003) (report and recommendation) (<HOLDING>), adopted, Order, 00-CV-0767 (NAM)(GS) 
 Holding statements: (A) holding seizure of evidence in plain view reasonable under fourth amendment (B) holding that visible contraband in plain view within the apartment provided probable cause for an arrest of person found therein (C) holding that the twolevel enhancement was appropriate where the gun cash and a drug ledger were found in one apartment and the drugs were found in a different apartment in the same building (D) holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found (E) holding that photographs taken of items outside defendants apartment that were in plain view of the officer were properly admitted
answer:
(E)


question:
matter. When it is clear, however, from the relevant parts of the contract taken together and considered with the facts and circumstances surrounding the execution of the agreement, that the obligation in question was within the contemplation of the parties or was necessary to effect their intention, then such obligation may be implied and enforced. But when the contract between the parties speaks to the obligation sought to be implied, the courts will not write that implied obligation into the contract. Stated conversely, there may be an implied covenant on the part of the lessee (in the absence of any expressed on the subject as in the lease).[ ] Id. (citations, alterations, and quotation omitted). See also Nearburg v. Yates Petroleum Corp., 123 N.M. 526, 943 P.2d 560, 569 (1997) (<HOLDING>). Thus, in accordance with New Mexico law, any 
 Holding statements: (A) recognizing that endorsement would prevail if inconsistent with policy provisions (B) holding that courts cannot imply covenants which are inconsistent with express provisions (C) holding that state courts may not enforce racially restrictive covenants (D) holding that the restrictive covenants at issue are unenforceable as a matter of public policy (E) holding that the law will not imply a contract where there is an existing express contract covering the same subject matter
answer:
(B)


question:
409 P.2d 466 (1965). 46 Id. at 664. 47 SAK refers to section 20 of the subcontract, which requires that the subcontractor give notice of a claim or dispute within 14 days of the occurrence of a problem, dispute, claim or delay event, or the claim will not be reimbursed. 48 Ferguson asserts that the trial court’s ruling on this issue (raised in Ferguson’s first summary judgment motion) was error and offers this as another basis on which to affirm the trial court. But Ferguson neither cross appealed nor assigned error to this ruling, which rejected Ferguson’s argument that SAK’s failure to comply with the notice and claim requirements barred SAK’s lawsuit. Thus, this argument is not within the scope of our review. But see Realm v. City of Olympia, 168 Wn. App. 1, 8, 277 P.3d 679 (2012) (<HOLDING>). 49 Cook v. Brateng, 180 Wn. App. 368, 375, 
 Holding statements: (A) holding that notice to supervisor is notice to city (B) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (C) holding that claims against a city police chief in his official capacity were really claims against the city (D) holding that contractor waived right to sue city by failing to comply with notice provisions in the contract that were preconditions to litigation against the city (E) holding that mailing a copy of a notice of appeal that was filed in the trial court to the city law director does not constitute filing the notice of appeal with the city board of zoning appeals
answer:

(D)