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: that is presumptively constitutional). The only case of which I am aware construing DeFillippo and denying qualified immunity is Carey v. Nevada Gaming Control Board, 279 F.3d 873 (9th Cir. 2002). But in that case “two Ninth Circuit cases [were] directly on point” because they had declared parallel statutes of other States — permitting an arrest for refusing to identify oneself — unconstitutional. Id. at 881. That of course does not remotely describe today’s case. Nor does Sandul v. Larion, 119 F.3d 1250 (6th Cir.1997), offer any refuge to Leonard. It dealt not with the question whether an officer could be denied qualified immunity for failing to predict a judicial ruling declaring a statute unconstitutional but with whether the statute covered the plaintiffs conduct. See id. at 1256 (<HOLDING>). In the end, Leonard not only asks us to take 
 Holding statements: (A) holding that an arrest to retrieve car keys where ownership of the car was in dispute was not supported by probable cause (B) holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same (C) holding that shouting epithets from a moving car did not provide probable cause to arrest the plaintiff under a disorderlyconduct statute (D) holding invalid warrant did not create probable cause for arrest (E) holding that warrantless arrest based on probable cause did not violate the fourth amendment

Answer: (C)


Question: detention of the van, its driver, and its passenger exceeded the valid reason for the initial stop and violated the Fourth Amendment. The subsequent search of the vehicle was an unconstitutional search, and the drugs and drug paraphernaha discovered were fruit of the poisonous tree. The trial court’s denial of appellants’ motions to suppress should have been granted. In light of this holding, we need not address the third point, that omissions of facts in Ramsey’s affidavit for search warrant undermined the drug dog’s reliability and amounted to a Franks violation; or the fourth point, that the search warrant was objectively unreasonable and that there was no basis for a nighttime search. Reversed and remanded. Hart, Robbins, and Neal, JJ. te, 84 Md. App. 243, 578 A.2d 816 (1990) (<HOLDING>). In this case, after Ramsey determined that 
 Holding statements: (A) holding that coming from the wrong neighborhood does not give rise to reasonable suspicion (B) holding innocent facts when considered together can give rise to reasonable suspicion (C) holding that the fact that defendant granted consent to police to search some items and then refused to give consent to additional searches cannot support a finding of reasonable suspicion (D) holding the drivers refusal to consent to search of automobile did not give rise to reasonable suspicion that vehicle contained narcotics (E) holding that refusal to consent to search cannot support a finding of reasonable suspicion

Answer: (D)


Question: Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties

Answer:
(B)