TASK DEFINITION: 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.
PROBLEM: Id. The district court excluded this portion of the expert’s testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103, 
 Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi

SOLUTION: (B)

PROBLEM: until after the interview ended. Defendants therefore contend that we should ignore contrary testimony by Whalen and Connelly. On summary judgment, however, we do not merely accept the plaintiff's contentions as true. Instead, we must draw all justifiable inferences in the nonmovanfs favor. There is no requirement that inferences favorable to the plaintiff may only be based on evidence that she has submitted to us. Here, the justifiable inference favorable to plaintiff is that a question of fact exists regarding this issue. 6 . The Supreme Court’s plurality decision in Al-bright casts some doubt on whether a plaintiff may state a claim for coercion of a confession under both the Fifth and the Fourteenth Amendments. See Albright,-U.S. at-,-,-, -, 114 S.Ct. at 813, 814, 817, 820-21 (<HOLDING>). The Second Circuit has stated that Albright 
 Holding statements: (A) holding that false arrest supports a claim against state police under  1983 because it violates the fourth amendment (B) recognizing  1983 substantive due process claim (C) holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed (D) holding that warrantless arrest based on probable cause did not violate the fourth amendment (E) holding in five separate opinions that  1983 claim based on persons arrest cannot be brought under substantive due process where more specific constitutional provision  fourth amendment  applies

SOLUTION: (E)

PROBLEM: 703; United States v. Leidner, 99 F.3d 1423, 1426 (7th Cir.1996); see also 2 Wayne R. LaFave, Search & Seizure: A Treatise on the Fourth Amendment § 3.7(c), at 366-67 (3d ed.1996) (stating that to establish probable cause for anticipatory warrant, affidavit must “indicate how it is known that the items to be seized will on a later occasion be at the place specified” and stating that more details will be necessary in non-controlled delivery eases). Similarly, when a controlled delivery is not made to the place to be searched, such as when a defendant is required to pick up a package containing contraband at a post office, the warrant application must present additional facts establishing the contraband will be taken to the place designated for search. Cf. Hendricks, 743 F.2d at 654-55 (<HOLDING>). II. VALIDITY OF ANTICIPATORY WARRANT TO 
 Holding statements: (A) holding anticipatory warrant was invalid for lack of probable cause because at time warrant was issued the contraband was not on a sure course to the place to be searched and there was no assurance defendant would take contraband to that place (B) holding anticipatory warrant for search of defendants home was invalid when defendant was required to pick up suitcase containing contraband at airport and there was no assurance at time warrant was issued that defendant would take suitcase to his home (C) holding anticipatory warrant for search of defendants home was invalid because affidavit provided no assurance that defendant would take package to his home after collecting it at the airport despite fact that warrant contained condition that it was not to be executed until package arrived at defendants house (D) holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home (E) holding anticipatory warrant for search of defendants home was invalid because contraband was picked up by defendant rather than being delivered to his home and affidavit failed to provide facts establishing a nexus between contraband and defendants home

SOLUTION:
(B)