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: rely on a warrant to search a house where the warrant affidavit stated that there was marijuana growing near the house and that there was a road from the house to the marijuana). Of course, the information in the affidavit does not eliminate the possibility that the marijuana came from somewhere else. The affidavit states that the trash was found at the end of a lane that dumped out into a rural highway. Admittedly, the trash could have been flung out the window of a passing car, or it could have fallen off the back of a garbage truck. However, when it comes to probable cause, the name says it all; certainty is never required, only a fair probability. When the issue is one of good-faith reliance, even less is necessary. See United States v. Bynum, 293 F.3d 192, 195 (4th Cir.2002) (<HOLDING>). The affidavit must simply bear some indicia 
 Holding statements: (A) holding that magistrate must have substantial basis for concluding that probable cause exists (B) holding that plaintiff was required to plead and prove the absence of probable cause to support his bivens claim (C) holding that the existence of probable cause for an arrest is a complete defense to a first amendment retaliation claim under the doctrine of qualified immunity (D) holding that the existence of probable cause in a  1983 case is a jury question (E) holding that leon requires a less demanding showing than the substantial basis threshold required to prove the existence of probable cause in the first place

Answer: (E)


Question: ah officer may ask a question outside the scope of the initial justification for the stop so long as it does not further lengthen the time taken to process the initial justification for the stop. In other words, if the questions asked do not lengthen the stop, the questions are valid. This reasoning is explained in both United States v. Childs, 277 F.3d 947 (7th Cir.2002) (en banc), and United States v. Shabazz, 993 F.2d 431, 436-37 (5th Cir.1993). In both cases, the courts held that questions by police officers during a traffic stop are not seizures or searches proscribed by the Fourth Amendment, and cited United States Supreme Court cases dealing with non-custodial police-citizen encounters for support. See, e.g., Florida v. Rodriguez, 469 U.S. 1, 105 S.Ct. 308, 83 L.Ed.2d 165 (1984) (<HOLDING>); Florida v. Bostick, 501 U.S. 429, 434, 111 
 Holding statements: (A) holding district courts finding of voluntary consent not clearly erroneous when police encounter lacked drawn weapons threats or prolonged questioning and consent was given without reluctance or hesitation even though police did not advise defendant of right to refuse consent (B) holding that police may approach persons and ask questions or permission to search so long as police do not imply that answers or consent are required (C) holding consent involuntary when police told defendants grandmother they had a search warrant and she allowed them to enter and search (D) holding that police must prior to entering the home inform the person from whom consent is sought that he or she may lawfully refuse to consent to the search (E) holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car

Answer: (B)


Question: to the jury that an enterprise “must have a structure for making decisions.” It then instructed the jury that”[t]he structure must provide a mechanism for controlling and directing the affairs of the entity on an ongoing continuous basis, rather than an ad hoc basis.” (emphasis added). The district court did not further define the term “ad hoc.” “In reviewing jury instructions, the relevant inquiry is whether the instructions as a whole are misleading or inadequate to guide the jury’s deliberation.” Shryock, 342 F.3d at 986 (citation omitted). Appellants do not claim that the instruction as a whole is misleading or inadequate, a wise course since the language of the instruction is virtually identical to that set forth by this court in Chang v. Chen, 80 F.3d 1293, 1299 (9th Cir.1996) (<HOLDING>). Appellants are therefore left to argue that 
 Holding statements: (A) holding that an enterprise under rico need not have a businesslike structure and can have a rather informal organization (B) holding that to constitute an enterprise under rico the enterprises structure must provide some mechanism for controlling and directing the affairs of the group on an ongoing rather than an ad hoc basis (C) holding that in order to plead adequate rico complaint plaintiff must allege that defendant had some part in the direction of the alleged enterprises affairs (D) holding that defendant who was associated with the enterprise and engaged in a pattern of racketeering activity when he repeatedly violated the antifraud provisions of the securities laws was not liable under  1962c because he had no part in directing the enterprises affairs (E) holding that cases claiming that government action requires just compensation must be determined on an ad hoc  basis

Answer:
(B)