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.

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
(D)

campus is a limited public forum. Def. Br. 12. The Court agrees with the defendants' assessment. The Court begins by recognizing that "the campus of a public university, at least for its students, possesses many of the characteristics of a public forum." Widmar v. Vincent, 454 U.S. 263, 267 n. 5, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981). Accordingly, the Second Circuit has noted, "[s]ome portions of a public college's campus may be a public forum." Davis v. Stratton, 360 FedAppx. 182, 184 (2d Cir.2010). Significant to the analysis, however, is that these areas may constitute a designated public forum only to the extent they are "intentionally openfed]" to First Amendment activities. Make the Road by Walking, Inc. v. Turner, 378 F.3d 133, 143 (2d Cir.2004); see also Ochshom, 645 F.3d at 540 (<HOLDING>); Hotel Emps., 311 F.3d at 545 (noting that a
Holding statements: (A) holding that a high school is not a public forum thus precluding free airing of religious views (B) holding that a public high school newspaper was a limited public forum not a traditional or designated public forum because there was no evidence that the school permitted indiscriminate use by the general public quoting hazelwood sch dist v kuhlmeier 484 us 260 267 108 sct 562 98 led2d 592 1988 (C) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (D) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (E) recognizing that government is not required to retain open nature of designated public forum
(B)

to institute the litigation in bad faith, intending only to harass the third parties and not to bring his claim to definitive adjudication." Id. b. Plaintiffs and/or the Estate's Lawsuit a Basis for Tortious Interference In their Counterclaims against Plaintiff and their Third Party Complaints against Liza and/or Andrew Kramer, Berck and Life Product failed to allege plausibly that any of the Kramers lacked belief in the merits of this litigation or that they intended this litigation only to harass. Although, arguably, the intent of the Parties is an issue to be determined as a matter of fact, dismissal is appropriate where, as here, such a factual allegation, if asserted, would lack plausibility. Iqbal, 129 S.Ct. at 1949 (2009) (quoting Twombly, 550 U.S. at 556-57, 127 S.Ct. 1955) (<HOLDING>). Without drawing any conclusions as to the
Holding statements: (A) holding that a plaintiff may present unsubstantiated factual allegations on appeal provided they are consistent with the complaint to show that the complaint should not have been dismissed (B) holding that twombly and iqbals plausibility standard applies (C) holding that a plaintiffs complaint need only establish a plausible entitlement to relief (D) holding that rule 12b6 dismissal is proper where it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations (E) holding that where a complaint pleads facts that are merely consistent with a defendants liability it stops short of the line between possibility and plausibility of entitlement to relief
(E)