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.

[Q]: No. 25. The‘government asserts that “defendants-were put on notice and consented to having their phone calls monitored, recorded and divulgéd,” citing DOC’s written policies on inmate phone calls, and thus have no legitimate expectation of privacy in the calls. Gov’t’s Reply at 5-6. The vast weight of authority supports the government’s position that, even assuming the defendants in this case subjectively believed that their calls were private, any such belief was unreasonable. See, e.g., Lanza v. New York, 370 U.S. 139, 143, 82 S.Ct. 1218, 8 L.Ed.2d 384 (1962) (in jail setting, “official surveillance has traditionally been the order of the day”); United States v. Shavers, 693 F.3d 363, 389-90 (3d Cir. 2012), vacated on other grounds, — U.S. —, 133 S.Ct. 2877, 186 L.Ed.2d 902 (2013) (<HOLDING>); United States v. Monghur, 588 F.3d 975, 
 Holding statements: (A) holding that the defendant had a reasonable expectation of privacy in a telephone booth (B) holding inmates and those with whom they converse have no objectively reasonable expectation of privacy in telephone conversations where inmates received a handbook alerting them that all telephone calls were recorded and were exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded (C) holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls (D) holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials (E) holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company
[A]: holding that the defendant had a reasonable expectation of privacy in a telephone booth


[Q]: merits of a plaintiffs cause of action ... also implicate the class certification decision,” Jackson v. Se. Pa. Transp. Auth, 260 F.R.D. 168, 184 (E.D.Pa.2009), such an inquiry is merely preliminary. Hydrogen Peroxide, 552 F.3d at 317. A plaintiff need not establish by a preponderance of the evidence the merits of its claims at the class certification stage, and any inquiry into the merits that is not necessary to a Rule 23 decision is precluded. Jackson, 260 F.R.D. at 184 (citing Newton, 259 F.3d at 166-67, and Hydrogen Peroxide, 552 F.3d at 317-18). However, the movant must do more than “assur[e] ... the court that it intends or plans to meet the requirements” of Rule 23. Hydrogen Peroxide, 552 F.3d at 318; see also Wachtel v. Guardian Life Ins. Co., 453 F.3d 179, 186 (3d Cir.2006) (<HOLDING>). As with other matters relating to Rule 23 
 Holding statements: (A) holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right (B) holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity (C) holding that clearly established means the contours of the right were so clear at the time the officials acted that a reasonable official would have understood that what he was doing violated that right (D) holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he or she is doing violates that right (E) holding that there must be full and clear articulation of the litigations contours at the time of class certification
[A]: holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right


[Q]: have not before explicitly considered — is whether we have jurisdiction to determine whether these jurisdictional facts are present. Drakes argues, and the government concedes, that we have jurisdiction to determine our jurisdiction under § 1252(a)(2)(C). We agree, thus joining all of our sister circuits which have considered the issue. See, e.g., Tapia Garcia v. INS, 237 F.3d 1216, 1220-21 (10th Cir.2001); Mahadeo v. Reno, 226 F.3d 3, 9 (1st Cir.2000): Bell v. Reno, 218 F.3d 86, 89-90 (2d Cir.2000); Lewis v. INS, 194 F.3d 539, 542 (4th Cir.1999); Santos v. Reno, 228 F.3d 591, 597 n. 11 (5th Cir.2000); Diakite v. INS, 179 F.3d 553, 554 (7th Cir.1999) (per curiam); Flores-Miramontes v. INS, 212 F.3d 1133, 1135 (9th Cir.2000); see also Lettman v. Reno, 168 F.3d 463, 465 (11th Cir.1999) (<HOLDING>), rev’d on other grounds, 207 F.3d 1368 (11th 
 Holding statements: (A) holding that the transitional rules preclude direct judicial review of the bias discretionary determination of extreme hardship in suspension of deportation cases (B) holding that district courts retain jurisdiction after iirira to decide habeas corpus challenges involving pure questions of law (C) holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira (D) holding that a defendant that invokes the jurisdiction of a court as a plaintiff waives its personal jurisdiction defense in all actions related to the claim for which it invoked the courts jurisdiction (E) holding that where the issue of sanctions was not before the court of appeals when the appeal was filed the district court retained jurisdiction
[A]:
holding that the transitional rules preclude direct judicial review of the bias discretionary determination of extreme hardship in suspension of deportation cases