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. 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.
question:
showing he was denied a constitutional right. Because Weaver's application for a COA raises several claims, it is impossible to glean from the present record which issue(s) the district court thought worthy of appeal. Cf. Murray, 145 F.3d at 1250-51 (determining that while court of appeals could not decide issue not specified in COA, it could "construe the issue specification in light of the pleadings and other parts of the record"). Therefore we must remand the record for the district court to specify the issue or issues for appeal. See Muniz v. Johnson, 114 F.3d 43, 46 (5th Cir.1997); Lyons v. Ohio Adult Parole Auth., 105 F.3d 1063, 1076 (6th Cir.1997); Hunter v. United States, 101 F.3d 1565, 1584 (11th Cir.1996); but cf. Tiedeman v. Benson, 122 F.3d 518, 522 (8th Cir.1997) (<HOLDING>). It is so
Holding statements: (A) holding remand for specification of issues unnecessary where clear from briefing appellant had not made substantial showing he was denied any constitutional right (B) holding right to testify was federal constitutional right (C) holding that appellant had waived any objection to an instruction that he had himself introduced and which was amended by the state without objection from appellant (D) holding that application of section 9711h as amended did not deprive appellant of any constitutional right (E) holding that where appellant acknowledged timely receiving notice by regular mail appellant appeared and fully participated at the trial and appellant made no claim that he was harmed in any way appellee had fulfilled the primary purposes of texrcivp 21a
answer:
(A)

question:
ah officer may ask a question outside the scope of the initial justification for the stop so long as it does not further lengthen the time taken to process the initial justification for the stop. In other words, if the questions asked do not lengthen the stop, the questions are valid. This reasoning is explained in both United States v. Childs, 277 F.3d 947 (7th Cir.2002) (en banc), and United States v. Shabazz, 993 F.2d 431, 436-37 (5th Cir.1993). In both cases, the courts held that questions by police officers during a traffic stop are not seizures or searches proscribed by the Fourth Amendment, and cited United States Supreme Court cases dealing with non-custodial police-citizen encounters for support. See, e.g., Florida v. Rodriguez, 469 U.S. 1, 105 S.Ct. 308, 83 L.Ed.2d 165 (1984) (<HOLDING>); Florida v. Bostick, 501 U.S. 429, 434, 111
Holding statements: (A) holding district courts finding of voluntary consent not clearly erroneous when police encounter lacked drawn weapons threats or prolonged questioning and consent was given without reluctance or hesitation even though police did not advise defendant of right to refuse consent (B) holding that police may approach persons and ask questions or permission to search so long as police do not imply that answers or consent are required (C) holding consent involuntary when police told defendants grandmother they had a search warrant and she allowed them to enter and search (D) holding that police must prior to entering the home inform the person from whom consent is sought that he or she may lawfully refuse to consent to the search (E) holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car
answer:
(B)

question:
States Dist. Court, 407 U.S. 297, 313, 92 S.Ct. 2125, 32 L.Ed.2d 752 (1972). The Supreme Court has recognized that "searches and seizures inside a home without a warrant are presumptively unreasonable." Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). However, the Supreme Court has permitted exceptions to the warrant requirement when "special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable." New Jersey v. T.L.O., 469 U.S. 325, 351, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring in judgment) (allowing school officials to conduct warrantless searches of student property without probable cause); see also O'Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987) (<HOLDING>); Griffin v. Wisconsin, 483 U.S. 868, 873-74,
Holding statements: (A) holding searches conducted without a warrant based on probable cause are presumptively unreasonable (B) holding neither the warrant requirement nor the probable cause requirement should apply to noninvestigatory workrelated purposes or for investigations of workrelated misconduct (C) holding a person may consent to warrantless searches as a condition of a suspended sentence (D) holding 1983 action lies for warrantless arrest without probable cause (E) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause
answer:
(E)