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: and began questioning the two men. The fact that the detectives in this ease requested that Peterkin answer questions apart from Durovic, and separated them by about ten feet, does not convert an otherwise voluntary encounter into a seizure under the Fourth Amendment. The first moment at which Peterkin may have been seized was when Detective Lascik took Peterkin's identification back to the van to run a background cheek. By that time, however, Peterkin and Durovic had already given the detectives conflicting stories, including whether they knew each other. This inconsistency, together with the detectives' earlier observations of their unusual behavior, was enough to create reasonable suspicion to support a Terry stop. See United States v. Givan, 320 F.3d 452, 458-59 (3d Cir.2003) (<HOLDING>); United States v. Brown, 345 F.3d 574, 578
Holding statements: (A) holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous (B) holding that after receiving conflicting stories from a driver and passenger the officer had reasonable suspicion to expand the scope of the terry stop and conduct background checks on them both (C) holding that receiving conflicting stories from the driver and passenger of a stopped car about their travel gave the officer reasonable suspicion to extend the terry stop (D) holding that it was impermissible for an officer to question a driver about matters unrelated to the traffic stop after the officer had fulfilled the purpose of the stop by issuing a written warning to the driver (E) holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation

Answer: holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous

Question: in favor of William Spencer, et al., (Spencer) and setting the penalties for violation of the California False Claims Act (CFCA). Spencer cross-appeals the denial of post-trial motions and refusal to award attorney's fees. We affirm on all grounds. I BART's unjust enrichment claim fads for want of a loss. Lectrodryer v. SeoulBank, 77 Cal.App.4th 723, 726, 91 Cal.Rptr.2d 881 (2000) (noting that the elements of unjust enrichment are "receipt of a benefit and unjust retention of the benefit at the expense of another."). Even assuming that County of San Bernardino v. Walsh, 158 Cal.App.4th 533, 69 Cal.Rptr.3d 848 (2008), recognized an exception to this rule, BART's claim does not fall into that exception. See Peterson v. Cellico P'ship, 164 Cal.App.4th 1583, 1594, 80 Cal.Rptr.3d 316 (2008) (<HOLDING>). Concrete financial loss is required for
Holding statements: (A) holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement (B) holding that walsh does not support plaintiffs assertion that they need not allege any actual injury to bring an unjust enrichment claim (C) holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law (D) holding that there is no cause of action in california for unjust enrichment (E) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed

Answer: holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement

Question: above, there is some risk that the jury, relying solely upon the definition of practice or custom in Model Instruction 9.4, would have thought it improper to consider such evidence at all. Consequently, we cannot conclude that it is more probable than not that the instructional error was harmless. Ill We hold that the District Court prejudicially erred in refusing to instruct the jury that, for purposes of proving a Monell claim, a custom or practice can be supported by evidence of repeated constitutional violations which went uninvestigated and for which the errant municipal officers went unpunished. We therefore vacate the judgment and remand for a new trial. VACATED AND REMANDED. 1 . See Monell v. Dep't of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). 2 . The numbers for these instructions
Holding statements: (A) holding that a municipality may be sued as a person under 42 usc 1983 when the municipalitys policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy inflicts a constitutional injury (B) holding that a municipality may not assert the defense of qualified immunity but may be held liable under 1983 only for a constitutional deprivation inflicted by the execution of a governments policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy (C) holding that a defendant can only be sued in his official capacity under 1983 if he acted pursuant to an official policy or custom in causing the constitutional injury (D) holding that a local government may be held liable for its employees constitutional violation only when the employee is executing the governments policy or custom whether made by its lawmakers or by those whose edicts or acts may be fairly said to represent official policy (E) holding that a municipality may only be held liable under 1983 for a policy practice or custom

Answer:
holding that a municipality may not assert the defense of qualified immunity but may be held liable under 1983 only for a constitutional deprivation inflicted by the execution of a governments policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy