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: Parker, we vacate the sentence and remand for resen-tencing. Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. In doing so, the trial court erred. “Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing.” Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So.3d 761, 768-69 (Fla. 2d DCA 2010) (<HOLDING>). Accordingly, we affirm the judgment, vacate 
 Holding statements: (A) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (B) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (C) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel (D) recognizing that brooks protects against denial of counsel at a critical stage of his trial (E) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver

Answer: (C)


Question: of the only true claim in this case, i.e, that appellees had misrepresented who held record title to the 4.58 acre tract, a claim that is not actionable. Further, the provisions of 17.46(b) pled by Tri-Legends to support its article 21.21 claim, (5), (7), and (19), apply to “good or services” which are purchased or leased. The summary judgment proof, even when viewed in the light most favorable to TriLegends, conclusively shows that the title commitment was not purchased or leased by anyone; it was issued to Allied without charge. A service that is performed gratuitously is not purchased or leased within the meaning of the DTPA. Fortner v. Fannin Bank in Windom, 634 S.W.2d 74, 76 (Tex.App.—Austin 1982, no writ); Hall v. Bean, 582 S.W.2d 263, 265 (Tex.Civ.App.—Beaumont 1979, no writ) (<HOLDING>). Tri-Legends’ next argument concerns its 
 Holding statements: (A) holding that there is no unitary business in part because there is no flow of international business (B) holding that there is no individual liability under title vii (C) holding that when no consideration given for contest prize there is no purchase under dtpa (D) holding that no cause of action for bad faith exists when insurer has reasonable grounds to contest liability (E) holding where there is no duty to defend there is no duty to indemnify

Answer:
(C)