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.

[EX Q]: stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service
[EX A]: holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca

[EX Q]: felt compelled, at the very least, to guess why the prosecutor behaved as he did. But the Batson framework was designed to avoid such “needless and imperfect speculation,” by asking prosecutors to perform the “simple” task of placing race-neutral reasons for peremptory strikes on the record. Johnson, 545 U.S. at 172, 125 S.Ct. 2410. As a result, this Court must conclude that the Appellate Division applied Batson and its progeny in an unreasonable manner. The Court appreciates the gravity of this holding, particularly in light of the Supreme Court’s admonition that AEDPA creates a “highly deferential standard for evaluating state-court rulings.” Cullen, 563 U.S. at 181, 131 S.Ct. 1388. Even in the Batson context, however, AEDPA deference has its limits. See, e.g., Jones, 555 F.3d at 101 (<HOLDING>). Enforcing those limits is the only way to 
 Holding statements: (A) holding that new york courts unreasonably applied batson (B) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (C) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (D) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action (E) holding that new york law applies to this matter
[EX A]: holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york

[EX Q]: White arrived on the scene to when he arrived with the appellant at the Travis County Jail.” However; in light of M'cNeely, we conclude that this case is distinguishable from Schmerber. Here, although Roop was involved in á traffic accident, nothing in‘the record suggests that this fact significantly ■ delayed the collection of Roop’s blood. Officer White testified that he came into contact with Roop at about- 4:00 a.m., placed Roop under arrest at 4:25, and ordered her blood to be drawn at 5:09. The stop for Roop to use the restroom took just a few minutes, and the drive to the jail took only seven to eight minutes. We are not persuaded that'the mere existence of-a traffic accident constitutes a per se exigency justifying a warrantless blood draw. - See Evans, 2015 WL 545702, at *6 (<HOLDING>). In addition, “[ajlthough the findings of fact 
 Holding statements: (A) holding that officers cannot base a warrantless search on an exigent circumstance of their own creation (B) holding that the threat of imminent destruction of evidence of criminal activity created an exigent circumstance (C) recognizing exigent circumstance exception to warrant requirement (D) holding that accident investigation by itself is not exigent circumstance (E) holding that blood alcohol dissipation was not sufficient by itself to create an exigent circumstances exception to virginia statutory requirement that the driver be arrested within three hours of the offense
[EX A]:
holding that officers cannot base a warrantless search on an exigent circumstance of their own creation

