instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
but rather affords a bright-line, legal presumption of coercion, requiring suppression of all unwarned statements." Oregon v. Elstad, 470 U.S. 298, 306 n. 1, 105 S.Ct. 1285, 1292 n. 1, 84 L.Ed.2d 222, 23 2 L.Ed.2d 975 (1958) (same). Essentially, the Court determined that the prejudicial quality of testimony regarding an actually coerced confession is, like all other improperly introduced testimony at trial, capable of review. At this point in time, the Fulminante decision stands as the sole, albeit the dispositive, case on this point. In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (<HOLDING>); Berkemer v. McCarty, 468 U.S. 420, 443, 104
Holding statements: (A) holding that waiver of miranda rights was valid where finding that the defendant initiated the conversation was implicit in the district judges denial of the suppression motion (B) holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt (C) holding that booker constitutional error was harmless beyond a reasonable doubt because on remand the district court would have given defendant the same sentence (D) holding that although defendant was a deputy sheriff miranda warnings were required irrespective of defendants knowledge of his fifth amendment rights (E) holding that although miranda required the suppression of testimonial statements made before defendant was advised of his constitutional rights the state court is free of course to consider this harmless error question upon remand
answer:
holding that waiver of miranda rights was valid where finding that the defendant initiated the conversation was implicit in the district judges denial of the suppression motion

question:
Therefore, the magistrate could not have relied on such information when making the probable cause determination. [ 23] When Utvick's room was searched on June 1, 2002, the officer observed persons in the room attempting to dispose of drugs by flushing in the bathroom, after executing a search warrant without a no-knock provision. While Ut-vick is not alleged to have engaged in this activity, Utvick was the registered guest of the hotel room and was in the company of persons suspected of disposing of evidence. Prior history of destruction of evidence, when detailed in an affidavit for a no-knock search warrant, is not a threshold requirement but may strengthen probable cause to believe evidence will be destroyed. Cf. Mazepink v. Arkansas, 336 Ark. 171, 987 S.W.2d 648, 655 (1999) (<HOLDING>); Henderson, 629 N.W.2d at 624 (holding
Holding statements: (A) holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant (B) holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant (C) holding noknock search warrant unreasonable because no exigent circumstances existed and noting moreover there was no evidence the occupants may have attempted to destroy the evidence by flushing it down the toilet (D) holding that officers may detain the occupants of a vehicle while executing a search warrant (E) holding no liability existed under the circumstances
answer:
holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant

question:
of the crime" -without being "present at the commission of the offense." Tolley v. Commonwealth, 216 Va. 341, 348, 218 S.E.2d 550, 555 (1975). Plainly, it is possible to incite, advise, or abet in the commission of a crime without at the same time having agreed to commit such crime. As the United States Supreme Court has stated, "[a]iding, abetting, and counseling are not terms which presuppose the existence of an agreement. Those terms have a broader application, making the defendant a principal when he consciously shares in a criminal act, regardless of the existence of a conspiracy." Pereira, 347 U.S. at 11, 74 S.Ct. at 364. Thus, murder, even when committed as an accessory before the fact, does not require proof of an agreement. See also Ramsey, 2 Va.App. at 272, 343 S.E.2d at 470 (<HOLDING>). Because the charged murder and conspiracy
Holding statements: (A) recognizing that felony and misdemeanor dwi are separate offenses because a prior conviction is an essential element of felony driving while intoxicated but it is not an element of the misdemeanor offense (B) holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense (C) holding that for facilitation of a felony the state must prove the commission of a specified felony and the assistance the accused gave to the person committing the specified felony (D) holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction (E) holding that proof of an agreement to commit a felony is not a necessary element in a conviction for the commission of the felony
answer:
recognizing that felony and misdemeanor dwi are separate offenses because a prior conviction is an essential element of felony driving while intoxicated but it is not an element of the misdemeanor offense