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: as it may sound. While our approach to constitutional interpretation ordinarily requires us to begin with the text of the pertinent provi sion, the Supreme Court has emphasized that “the sovereign immunity reflected in (rather than created by) the Eleventh Amendment transcends the narrow text of the Amendment itself.” College Sav. Bank v. Fla. Prepaid Postsecondary Ed. Expense Bd., 527 U.S. 666, 688, 119 S.Ct. 2219, 144 L.Ed.2d 605 (1999) (describing the “whole point” of the Supreme Court’s decision in Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890)). Consistent with this conception, the Court has repeatedly recognized sovereign immunity outside the literal text of the Eleventh Amendment. See, e.g., Alden v. Maine, 527 U.S. 706, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999) (<HOLDING>); Seminole Tribe of Florida v. Florida, 517 
 Holding statements: (A) holding a suit against an agency of the state is a suit against the state (B) holding state immune from suit brought by its own citizens (C) holding state immune from suit brought in state court (D) holding state immune from suit involving a federal question (E) holding that the state is immune from punitive awards

Answer: (C)


Question: automobiles are likewise per se reasonable given probable cause, then by the same logic any search or seizure could be carried out without a warrant, and we would simply have read the Fourth Amendment out of the Constitution”). The Court cannot allow law enforcement to emasculate well settled constitutional protections in order to cure their own mistake. 9 . The Court notes that the Supreme Court has implied that exigent circumstances are never necessary to justify a warrantless search, but has never expressly stated such a conclusion without first noting that the vehicle in question was somehow readily mobile. See Search And Seizure, supra at 477-81, 91 S.Ct. 2022. As a result, lower courts have split when interpreting its meaning. See United States v. Reed, 26 F.3d 523 (5th Cir.1994) (<HOLDING>); United States v. Reis, 906 F.2d 284 (7th 
 Holding statements: (A) recognizing that among the circumstances accepted as providing exigent circumstances for a warrantless search are those where a true emergency exists (B) holding that officers cannot base a warrantless search on an exigent circumstance of their own creation (C) holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest (D) holding that camey notwithstanding the fact that a car is moveable alone is not sufficiently exigent circumstances to justify a warrantless search (E) holding that parole status alone is insufficient to justify search of a parolee

Answer: (D)


Question: Cir.1997) (upholding a § 3A1.2(a) sentence enhancement of defendant who was convicted of plotting to blow up an Internal Revenue Service (IRS) building because, although no one was killed and the defendant did not know the names of his intended victims, the defendant did intend to “kill, injure, or maim federal employees in the [building] solely because those person worked for the IRS.”); United States v. Harris, 104 F.3d 1465, 1476 (5th Cir.1997) (reversing a defendant’s enhancement under § 3A1.2(a) because while two of the defendant’s co-conspirators had shot a police officer while fleeing, the defendant’s offense of conviction, accessory after the fact, “was not motivated by the government employee status” of the officer.); United States v. Hooker, 997 F.2d 67, 75-76 (5th Cir.1993) (<HOLDING>). We have previously never considered an 
 Holding statements: (A) holding that there was no double counting in applying  3c12 and  3a12b because they were based on separate acts (B) holding that the defendants sentences were properly enhanced under  3a12b because they assaulted an officer employed by the mississippi bureau of narcotics and during the assault made statements including they are the police lets kill them (C) holding that statements made only to supervisor and chief by police officer were matters of public concern (D) holding defendants were properly joined because they are alleged to have participated in the underlying conspiracy (E) holding that the defendants unconstitutionally obtained statements to the police telling them that narcotics were located in the hood of his truck did not render the narcotics inadmissible because the police were trained to look under the hoods of vehicles when searching for drugs and therefore would have found them even had the defendant not directed them to look under the hood

Answer:
(B)