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. 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.
question:
“is one that society is prepared to recognize as ‘reasonable’ ”. The constitutional legitimacy of an expectation of privacy is not dependent on the subjective intent of the individual asserting the right but on whether the expectation is reasonable in light of all the surrounding circumstances. Additionally, a determination of whether an expectation of privacy is legitimate or reasonable entails a balancing of interests. Id. 620 A.2d at 1118 (Citations omitted). Here, Mr. Cass obviously meant to keep the contents of his locker private from the public. Mr. Cass’ locker was locked, and this fact would indicate that he meant to keep the contents private. Simply because he did not own the locker does not preclude him from having an actual expectation of privacy. See, Bnmdidge supra (<HOLDING>); Commonwealth v. Gordon, 433 Pa.Super. 157, 
 Holding statements: (A) holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest (B) holding that a hotel guest has a legitimate expectation of privacy in his room during the period of time for which the room is rented (C) holding that an overnight guest has a legitimate expectation of privacy in his hosts home (D) holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will (E) holding that a visitor to a hotel room for purposes of distributing drugs failed to establish a reasonable expectation of privacy in the room
answer:
holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest


question:
Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
answer:
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them


question:
and becomes liable to the mortgagor the same as anyone else who converts property to his own use.’ ” (quoting Marchand v. Ronaghan, 9 Idaho 96, 98, 72 P. 731, 732 (1903))). Conversion, in turn, requires a distinct act of wrongfully asserted dominion over another’s personal property, see Luzar v. Western Sur. Co., 107 Idaho 693, 696, 692 P.2d 337, 340 (1984), and a cause of action for conversion “accrues in favor of the owner of property as soon as the property is wrongfully taken from his possession or wrongfully converted.” Peasley Transfer & Storage Co. v. Smith, 132 Idaho 732, 743, 979 P.2d 605, 616 (1999). Title to property in a nonjudicial foreclosure action is not “taken” until the conclusion, of the sale. See Roos v. Belcher, 79 Idaho 473, 482, 321 P.2d 210, 215 (1958) (<HOLDING>). Thus, while we recognize that a few 
 Holding statements: (A) holding that a wouldbe bona fide purchaser could not simply ignore the recorded notices of an impending nonjudicial foreclosure sale and fail to make inquiry as to whether the announced sale had occurred (B) holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale (C) holding that a trustee may conduct a nonjudicial foreclosure sale only after satisfying the conditions in former ors 86735 (D) holding that a properly conducted nonjudicial foreclosure sale quiets title in the purchaser (E) holding that plaintiffmortgagor lacked standing to enforce the terms of a foreclosure sale since there was no statutory authority allowing a mortgagor to enforce the provisions of a sale agreement when a foreclosure purchaser is in default
answer:

holding that a wouldbe bona fide purchaser could not simply ignore the recorded notices of an impending nonjudicial foreclosure sale and fail to make inquiry as to whether the announced sale had occurred