TASK DEFINITION: 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.
PROBLEM: to the poisonous tree") (quoting Olivares-Rangel, 458 F.3d at 1117). To be able to object to the police conducting an illicit protective sweep of the Gonzalez residence, Defendant would have to have some basis to claim that the sweep violated his rights. He does not. We conclude, therefore, that his subsequent detention was lawful. 2. Defendant's detention occurred after the police had conducted the sweep of Gonzalez's residence, and only an individual with a legitimate expectation of privacy in the residence could object to the sweep. After entering the garage, officers acted reasonably in detaining Defendant when they caught him red handed with large quantities of marijuana, cuttings tools, and scales in plain sight. See United States v. Turner, 553 F.3d 1337, 1344 (10th Cir.2009) (<HOLDING>). We reject any contention that the officers
Holding statements: (A) holding that the standard of probable cause applies to all arrests without the need to balance the interests and circumstances involved in particular situations thus an officer may without violating the fourth amendment arrest an offender if probable cause exists to believe that an individual has committed even a very minor criminal offense in his presence (B) holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it (C) holding that warrantless arrest based on probable cause did not violate the fourth amendment (D) holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed (E) holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed

SOLUTION: (D)

PROBLEM: with the same deficiency the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions."). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint so long as it is minimally sufficient to put a defendant on notice of the claims against him will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) ("Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case."); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that "[pleading facts not
Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds

SOLUTION: (D)

PROBLEM: visits to Morales's home, and Morales's responses were always the same; Morales consistently stated that A. Walker had visited his house with D. Cantrell on five to six occasions, and that D. Cantrell would purchase a minimum of one pound of methamphetamine on each visit. Because the district court did not unreasonably restrict A. Walker's ability to test Morales's reliability through cross-examination, the question is whether the district court abused its discretion in determining that Morales's testimony was sufficiently reliable to satisfy the due process concern that a defendant not "be sentenced on the basis of materially incorrect information." See United States v. Petty, 982 F.2d 1365, 1369-70 (9th Cir.1993), amended by 992 F.2d 1015 (9th Cir.1993). Notwithst 9th Cir.1997) (<HOLDING>); Petty, 982 F.2d at 1369 (same). A. Walker's
Holding statements: (A) holding that an unverified tip from a known informant was sufficiently reliable to justify a terry stop and frisk (B) holding that description was sufficiently detailed (C) holding that upon remand if the trial court determined that the testimony in a newly discovered evidence claim was reliable the trial court must review that new evidence as well as brady claims that were previously rejected in a prior postconviction motion because the evidence was equally accessible to the defense and there was no reasonable probability that the result of the trial would have been different had the evidence been disclosed (D) holding that evidence was sufficiently reliable because there was corroboration (E) holding qualified immunity doctrine does not protect hearing officer where there was no reliable evidence whatsoever of the inmates guilt

SOLUTION:
(D)