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.

a sergeant entered the house with her. 2 . Harris testified that he opened the door for the police: "I saw them coming, so I just opened the door." However, Officer Shepard testified that she knocked on the door and that after no one answered she entered the house through the door, which was unlocked. 3 . We decline to reach the question whether the warrantless entry and the search by the police officers were justified by exigent circumstances. See Mincey v. Arizona, 437 U.S. 385, 390, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978)(rejecting a "murder scene exception" created by the Supreme Court of Arizona to the requirement of obtaining a warrant). See also Thompson v. Louisiana, 469 U.S. 17, 22, 105 S.Ct. 409, 83 L.Ed.2d 246 (1984)(applying Mincey); Ex parte Usrey, 527 So.2d 732 (Ala.1987) (<HOLDING>); A.A.G. v. State, 668 So.2d 122, 128
Holding statements: (A) holding no liability existed under the circumstances (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 that exigent circumstances were created by dissipation of bloodalcohol content in time needed to obtain a warrant (D) holding that exigent circumstances were present because evidence of bloodalcohol content could disappear during the time necessary to obtain a warrant (E) recognizing that exigent circumstances do not excuse the failure to secure a warrant when those circumstances are created by government officials who unreasonably and deliberately delay or avoid obtaining the warrant
(B)

to raise any claim contesting Defendants' entry into her home or taking of photographs, and she cannot add such a claim at this stage of the litigation. To the extent Plaintiff contends that the photographs are inadmissible pursuant to the exclusionary rule, the court disagrees there is no indication of an illegal search in any of Plaintiff's filings. It appears that Plaintiff voluntarily permitted Defendants to enter the home. After entering the home, the officers were entitled to photograph objects in their plain view, and they were also permitted to photograph evidence they viewed from outside the residence, such as the window screens. See Wilson v. Supt., Attica Corr. Facility, No. 00-CV-0767 (NAM)(GLS), 2003 WL 22765351, at *8 (N.D.N.Y. Nov. 24, 2003) (report and recommendation) (<HOLDING>), adopted, Order, 00-CV-0767 (NAM)(GS)
Holding statements: (A) holding seizure of evidence in plain view reasonable under fourth amendment (B) holding that visible contraband in plain view within the apartment provided probable cause for an arrest of person found therein (C) holding that the twolevel enhancement was appropriate where the gun cash and a drug ledger were found in one apartment and the drugs were found in a different apartment in the same building (D) holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found (E) holding that photographs taken of items outside defendants apartment that were in plain view of the officer were properly admitted
(E)

Defendant Jose Abraham Estrada-Lugo appeals from his sentence for illegal reentry after deportation, in violation of 8 U.S.C. 1326(a), with a sentencing enhancement under 8 U.S.C. 1326(b). 1. We have jurisdiction because the district court's oral statements conflict with the plea agreement's waiver of the right to appeal the sole issue here, which is whether Defendant's conviction for negligent homicide is, or is not, an aggravated felony. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir.1995) (<HOLDING>). When the court asked Defendant whether he
Holding statements: (A) holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only with the existence of the alleged oral contract (B) holding rule 16 does not apply to oral statements other than statements of the defendant (C) holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls (D) holding that when a courts statements from the bench conflict with its written order the order controls (E) holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control
(E)