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.

(Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad
holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion

Therefore, the magistrate could not have relied on such information when making the probable cause determination. [¶ 23] When Utvick’s room was searched on June 1, 2002, the officer observed persons in the room attempting to dispose of drugs by flushing in the bathroom, after executing a search warrant without a no-knock provision. While Ut-vick is not alleged to have engaged in this activity, Utvick was the registered guest of the hotel room and was in the company of persons suspected of disposing of evidence. Prior history of destruction of evidence, when detailed in an affidavit for a no-knock search warrant, is not a threshold requirement but may strengthen probable cause to believe evidence will be destroyed. Cf. Mazepink v. Arkansas, 336 Ark. 171, 987 S.W.2d 648, 655 (1999) (<HOLDING>); Henderson, 629 N.W.2d at 624 (holding 
 Holding statements: (A) holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant (B) holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant (C) holding noknock search warrant unreasonable because no exigent circumstances existed and noting moreover there was no evidence  the occupants may have attempted to destroy the evidence  by flushing it down the toilet (D) holding that officers may detain the occupants of a vehicle while executing a search warrant (E) holding no liability existed under the circumstances
holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant

¶28 The majority’s refusal to apply the civil rules to a civil “special proceeding” where the civil rules conflict with ANY statute is certainly a novel application of CR 81. We have never held the civil rules inapplicable under CR 81 because of a conflict with an unrelated statute of general applicability. Instead, we have held the rules inapplicable only where the civil rules conflict with the procedures specifically outlined in the statute governing the special proceeding. f 29 This means “[t]he matters before us turn on whether [the civil rule] is inconsistent with provisions for special proceedings under chapter 71.09 RCW.” In re Det. of Williams, 147 Wn.2d 476, 489, 55 P.3d 597 (2002); see also In re Det. of Petersen, 145 Wn.2d 789, 801, 42 P.3d 952 (2002) (comparin 1204 (1999) (<HOLDING>). ¶32 Even where the accused’s protections stem 
 Holding statements: (A) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (B) holding because the svp is civil the accused has no constitutional right to counsel (C) holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection (D) holding because the svp statute is civil the accused has no right to confront witnesses (E) recognizing constitutional right to effective counsel

holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal