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: to the poisonous tree”) (quoting Olivares-Rangel, 458 F.3d at 1117). To be able to object to the police conducting an illicit protective sweep of the Gonzalez residence, Defendant would have to have some basis to claim that the sweep violated his rights. He does not. We conclude, therefore, that his subsequent detention was lawful. 2. Defendant’s detention occurred after the police had conducted the sweep of Gonzalez’s residence, and only an individual with a legitimate expectation of privacy in the residence could object to the sweep. After entering the garage, officers acted reasonably in detaining Defendant when they caught him red handed with large quantities of marijuana, cuttings tools, and scales in plain sight. See United States v. Turner, 553 F.3d 1337, 1344 (10th Cir.2009) (<HOLDING>). We reject any contention that the officers 
 Holding statements: (A) holding that the standard of probable cause applies to all arrests without the need to balance the interests and circumstances involved in particular situations thus an officer may without violating the fourth amendment arrest an offender if probable cause exists to believe that an individual has committed even a very minor criminal offense in his presence (B) holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it (C) holding that warrantless arrest based on probable cause did not violate the fourth amendment (D) holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed (E) holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed

Answer: (D)


Question: also admitted he personally observed that Gretillat had trouble walking long distances. Indeed, Priske excused Gretillat from making rounds of the facility due to Gretillat’s difficulty walking long distances. In April of 2004, Priske admitted that Gretillat’s forced resignation arose out of Gretillat’s problems with standing and “ambulating.” See, e.g., Cannice v. Norwest Bank Iowa N.A., 189 F.3d 723, 727 (8th Cir.1999) (finding “ample evidence” that employee alerted employer to the existence of disability where employee told employer about disability, gave employer information about the ADA, requested an unmonitored telephone line to talk with his “support network,” and displayed symptoms of the disability at work); see also Miller, 61 F.3d at 630 (quoting Hedberg, 47 F.3d at 934) (<HOLDING>). Because Care Initiatives was apprised of 
 Holding statements: (A) holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada (B) holding that if all of an employees coworkers knew that he had a heart condition such knowledge would not amount to notice to the employer that the employee was so limited by a disability as to require special accommodations (C) holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability (D) holding that an employee who claims to have been terminated by her employer for having exercised her right to disability benefits raised a cognizable claim under  510 of erisa notwithstanding the fact that she received the benefits from her employer prior to termination (E) recognizing that employer has notice of limitation when disability manifests itself to the extent that it would be reasonable to infer that her employer actually knew of the disability

Answer: (E)


Question: he then asked the trial court questions indicating that he did not understand what was happening. Accordingly, Arseneau’s affirmative answers to the trial court’s limited questions were not sufficient to demons A 2007) (“There is nothing in the portions of the record presented to this Court that would suggest how Appellant’s alleged depression and delusions may have affected his competence to enter a plea. Consequently, an evidentiary hearing was necessary to resolve this issue.”). Because the record does not conclusively refute Arseneau’s claim that he was incompetent to proceed and that counsel was therefore ineffective for failing to investigate his competency, the postconviction court erred in summarily denying this claim. See Houle v. State, 74 So.3d 143, 144 (Fla. 1st DCA 2011) (<HOLDING>). Accordingly, we reverse and remand for an 
 Holding statements: (A) holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel (B) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category (C) holding that record did not conclusively refute postconviction movants allegations that counsel was aware of movants long history of mental illness including the fact that he had been institutionalized multiple times had attempted to commit suicide was diagnosed as bipolar alcoholic and depressive and had a long history of being on and was currently on psychotropic medications (D) holding that waiver of interest was proper where there had been a long delay in the enforcement action (E) holding that the trial counsels performance was constitutionally deficient where counsel made a limited investigation into the petitioners background did not prepare a social history of the petitioner and was not aware that he had been sexually abused and raped as a child

Answer:
(C)