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: 676 F.2d 969, 975 (3d Cir. 1982); Carty v. Schneider, 986 F. Supp. 933, 38 V.I. 213 (D.V.I. 1997). In contrast, a fine is a criminal contempt sanction if the amount of the fine is fixed and imposed unconditionally as a punishment for past disobedience. See Hicks, 485 U.S. at 632-33 (“An unconditional penalty is criminal in nature because it is solely and exclusively punitive in character.” (citations and quotations omitted)); see also Latrobe Steel Co., 545 F.2d at 1343 (“[T]he penalties arising out of adjudications of criminal contempt are generally an absolute fine of a specific amount . . . .”). Criminal fines are retroactive, and may not be avoided by purging the contemptuous conduct. See Penfield Co. of Cal. v. SEC, 330 U.S. 585, 590, 67 S. Ct. 918, 921, 91 L. Ed. 1117 (1947) (<HOLDING>). Here, the June 13, 2006, order was phrased in 
 Holding statements: (A) recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error (B) holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it (C) holding that a flat unconditional fine for 50 was a criminal sanction because the contemnor had no subsequent opportunity to reduce or avoid the fine through compliance (D) holding that a fiftytwo million dollar fine could not be imposed as a sanction for criminal contempt except through a jury trial (E) holding that the failure to impose a mandatory fine requires that the matter be remanded for imposition of that fine

Answer: (C)


Question: States v. Frechette, 583 F.3d 374, 379 (6th Cir. 2009) (concluding that “[ejvidence that an individual subscribed to child pornography web sites supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material” (quotation omitted)); United States v. Gourde, 440 F.3d 1065, 1070-72 (9th Cir. 2006) (en banc) (concluding that payment and registration for a subscription to child pornography website supported a probable cause determination); United States v. Wagers, 452 F.3d 534, 540 (6th Cir. 2006) (noting that “evidence that a person has visited or subscribed to websites containing child pornography supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material”); United States v. Martin, 426 F.3d 68, 74-76 (2d Cir. 2005) (<HOLDING>); United States v. Bershchansky, 958 F. Supp. 
 Holding statements: (A) holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit (B) holding that probable cause existed to search the defendants residence because the warrant affidavit established probable cause that the defendant possessed stolen firearms and because people generally keep firearms at home or on their persons (C) holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made (D) holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant (E) holding that affidavit supported probable cause determination when the affidavit stated only that an occupant of defendants home subscribed to child pornography egroup

Answer: (E)


Question: exigent circumstances, that threshold may not reasonably be crossed without a warrant. 445 U.S. at 589-590, 100 S.Ct. at 1382 (alterations in original). The Fourth Amendment does not differentiate among types of “homes.” The term is of course broader than, for example, a single-family house. See Maryland v. Garrison, 480 U.S. 79, 90, 107 S.Ct. 1013, 1019, 94 L.Ed.2d 72 (1987) (Blackmun, J., dissenting) (Fourth Amendment protection applies to an apartment, “the equivalent of a single-family house”), citing Ker v. California, 374 U.S. 23, 42, 83 S.Ct. 1623, 1634-35, 10 L.Ed.2d 726 (1963); McDonald v. United States, 335 U.S. 451, 454-55, 69 S.Ct. 191, 192-93, 93 L.Ed. 153 (1948) (defendant’s room in a “rooming house” treated as a home); Serpas v. Schmidt, 827 F.2d 23, 28 (7th Cir.1987) (<HOLDING>). The principal protection against unnecessary 
 Holding statements: (A) holding that contractual conditions printed on cruise ticket were valid even though they were in small type (B) holding that vague on schedule and on track statements were immaterial misrepresentations (C) holding that ontrack dormitory rooms for racetrack employees were homes under the fourth amendment even though they were small temporary located near stables and accessible to track authorities by master keys (D) holding that film negatives and master recordings were tangible personal property even though they were valued in part for their intellectual content because they were also physically useful in the manufacturing process (E) holding that the juvenile defendants who voluntarily left their homes in the middle of night to ride to the police department in patrol cars and who were told they were not under arrest were not in custody

Answer:
(C)