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.

Example Input: position and whether the party would receive “an unfair advantage or impose an unfair detriment on the opposing party if not estopped.” Id. at 751, 121 S.Ct. 1808. The doctrine is designed to prevent “intentional self-contradiction” and is improperly applied “when the former position was the result of inadvertence or mistake.” Lampi Corp. v. Am. Power Prod., 228 F.3d 1365, 1377 (Fed.Cir.2000). Thus, the court does no disservice to the important purposes underlying holding parties to judicial admissions by acknowledging that a response to an injunctive action is an evolving position, and the facts and legal positions should be taken in view of the emerging facts as they become known to the litigating parties. See SanDisk Corp. v. Memorex Prod., Inc., 415 F.3d 1278, 1291 (Fed.Cir.2005) (<HOLDING>). It is also necessary to note that the 
 Holding statements: (A) holding that courts should avoid constructions that would render statutory text superfluous (B) holding that a transferee federal court should apply its interpretations of federal law not the constructions of federal law of the transferor circuit (C) holding that courts should not use doctrine of judicial estoppel to prevent evolution of arguments but should permit preliminary constructions made without full development of the record or issues to remain open to revision (D) holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact (E) holding courts should apply statutory constructions that make practical sense and do not frustrate legislative intent
Example Output: (C)

Example Input: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment
Example Output: (D)

Example Input: simply, whether the officer intends that a detention lead to a prosecution has no bearing on whether an arrest has occurred. Id. at 513-14, 723 A.2d 423 (citations omitted). Terry constituted a limited departure from the requirement of probable cause to support a seizure. In that case, the Supreme Court held that a police officer may conduct a brief investigatory stop, without running afoul of the Fourth Amendment, if the officer has a reasonable, articulable suspicion that a person has committed or is about to commit a crime. Terry, 392 U.S. at 30, 88 S.Ct. 1868; see Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 675, 145 L.Ed.2d 570 (2000); Royer, 460 U.S. at 498, 103 S.Ct. 1319; see also United States v. Brignoni-Ponce, 422 U.S. 873, 881-82, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975) (<HOLDING>); Adams v. Williams, 407 U.S. 143, 146, 92 
 Holding statements: (A) holding that although roving patrols in which officers stop and question motorists about their resident status may be conducted without probable cause such stops must at least show that the stopping officer is aware of specific articulable facts together with rational inferences from those facts that reasonably warrant suspicion that a vehicle contains illegal aliens who may be illegally in the country (B) holding that the stop of defendants vehicle was unlawful where officers stopped the vehicle to check the license and registration but had observed no suspicious activity (C) holding that when a border patrol officers observations lead him or her to reasonably suspect that a vehicle may contain illegal aliens the officer may stop the vehicle question its occupants as to citizenship and immigration status and ask them to explain suspicious circumstances but stating that any further detention or search must be based on consent or probable cause (D) holding that officers may detain the occupants of a vehicle while executing a search warrant (E) holding that a border patrol agents blocking the stopped vehicle approaching the vehicle with his gun drawn and interrogating the individual about his citizenship and immigration status did not convert the stop into a custodial arrest
Example Output:
(C)