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.
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Question: enter a residence without a warrant if an objectively reasonable basis exists for the officer to believe that there is an immediate need for police assistance for the protection of life or substantial property interests.” Seibert v. State, 923 So.2d 460, 468 (Fla. 2006) (citing Rolling v. State, 695 So.2d 278, 293-94 (Fla. 1997)). Whether an emergency actually existed is immaterial “so long as the officer reasonably believes it to exist because of objectively reasonable facts. The officer’s conclusion then may be based on a combination of the ‘objective’ nature of the circumstances and the officer’s ‘subjective’ perception of those circumstances.” State v. Boyd, 615 So.2d 786, 789 (Fla. 2d DCA 1993); see also Missouri v. McNeely, — U.S. -, 133 S.Ct. 1552, 1559, 185 L.Ed.2d 696 (2013) (<HOLDING>). The record supports that law enforcement 
 Holding statements: (A) holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable (B) holding that in determining prejudice a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury (C) holding that the court must consider the totality of the circumstance when determining whether a law enforcement officer faced an emergency that justified acting without a warrant (D) holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith (E) holding a search permissible where the officer reasonably believed he faced an emergency situation that would result in the destruction of evidence

Answer: (C)


Question: on the basis of an otherwise constitutional statutory aggravator. ¶ 32 Even if we assume Graham supplies the proper analysis for challenging an aggravator, such a challenge fails here. Under Graham, a court “considers ‘objective indicia of society’s standards, as expressed in legislative enactments and state practice’ to determine whether there is a national consensus against the sentencing practice at issue.” 130 S.Ct. at 2022 (quoting Roper v. Simmons, 543 U.S. 551, 572, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005)). In the past decade, the Supreme Court has used this approach in three death penalty eases. See Kennedy v. Louisiana, 554 U.S. 407, 446, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (concluding the death penalty cannot be imposed for rape); Roper, 543 U.S. at 578, 125 S.Ct. 1183 (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 321, 122 
 Holding statements: (A) holding the death penalty unconstitutional for defendants under age eighteen at the time of the crime (B) holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution (C) recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved (D) holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment (E) holding the eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of eighteen when their crimes were committed

Answer: (E)


Question: were issued because in order to market a pesticide in the United States, the pesticide product must be registered with the EPA or be allowed within the provisions of FIFRA § 25(b). Despite discussions and correspondence between ACM and the EPA, which indicated that ACM's pesticide products were exempt under § 25(b), Rick Reaves pointed out an ambiguity on the labeling of ACM's pesticide products which caused the EPA to issue the stop orders. These stop orders do not preclude ACM from registering the pesticide with the EPA, and then selling the product. 7 . “Under Texas law, an action for money had and received is an equitable doctrine applied to prevent unjust enrichment.” Doss v. Homecoming Financial Network, Inc. 210 S.W.3d 706, 709, n. 4 (Tex.App.-Corpus Christi 2006, pel. denied) (<HOLDING>). 8 . The only valid and enforceable contract 
 Holding statements: (A) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed (B) holding that although money had and received and unjust enrichment were pled as separate causes of action they are really the same cause of action (C) holding that a preliminary injunction was a reasonable means of preserving the status quo and was of the same character as the ultimate relief sought when a few but not all of the causes of action in the complaint were of an equitable nature including causes of action for unjust enrichment and imposition of constructive trust (D) holding that antelitem notice statute did not apply to claims for unjust enrichment money had and received and breach of city code because they are not claims for injury to person or property (E) holding that there is no cause of action in california for unjust enrichment

Answer:
(B)