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.
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Question: statement during closing argument regarding his personal opinion of the defendant's guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor's improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that "the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct"); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P.
Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc 1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

Answer: holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment

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: 448 U.S. 1, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980). In order to have a viable cause of action under 1983 based on the violation of a federal statute, however, a plaintiff must establish that the statute allegedly violated gives the plaintiff enforceable rights. Gonzaga Univ. v. Doe, 536 U.S. 273, 283, 122 S.Ct. 2268, 2275, 153 L.Ed.2d 309 (2002) (rejecting the notion that case law permits "anything short of an unambiguously conferred right to support a cause of action ' brought under 1983"). We emphasize, as did the Court in Gonzaga, that in cases brought to enforce legislation enacted pursuant to Congress' spending power, such as the Adoption Act, Congress must "speak with a clear voice" and manifest an "unambiguous" intent to co 479 U.S. 418, 107 S.Ct. 766, 93 L.Ed.2d 781 (1987) (<HOLDING>). The Supreme Court has set forth three
Holding statements: (A) recognizing provisions of the fair housing act that forbid false statements that housing is unavailable to a person because of his race (B) holding that in a 1983 action issue of probable cause is for the jury (C) holding that the brooke amendment to the housing act provided a cause of action under 1983 (D) holding that administrative scheme in brooke amendment to housing act does not provide exclusive remedy precluding claim under 42 usc 1983 because court was unconvinced that defendant has overcome its burden of showing that the remedial devices provided in the housing act are sufficiently comprehensive to demonstrate congressional intent to preclude the remedy of suits under 1983 quoting middlesex county sewerage auth v national sea clammers assn 453 us 1 20 101 sct 2615 2626 69 led2d 435 1981 (E) recognizing the cause of action

Answer:
recognizing provisions of the fair housing act that forbid false statements that housing is unavailable to a person because of his race