Read the following excerpt from a US court opinion:
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F.3d at 217 — 18 (classifying the “radio dispatch tape made during defendant’s arrest” as potentially useful evidence). Generett has given us no reason why the LeSabre or its contents plainly would exculpate him and indeed he has not even cited Brady v. Maryland in his brief to this court. Generett fares no better under the “potentially exculpatory evidence” test. Most importantly, he has given us no reason to believe that the government officials acted in bad faith by auctioning off the LeSabre in this case. The record reveals no evidence of a “calculated effort to circumvent [Brady’s] disclosure requirements” or “official animus” or a “conscious effort to suppress exculpatory evidence.” Trombetta, 467 U.S. at 488,104 S.Ct. 2528; Young-blood, 488 U.S. at 58; Jobson, 102 F.3d at 218 ; cf. Monzo v. Edwards, 281 F.3d 568, 580 (6th
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What is the most suitable continuation to the opinion? Your options are:
A. holding that instruction was not supported by the evidence and was properly refused where the defendant never seriously argued that the police exercised bad faith in failing to preserve evidence and the police gave a reasonable explanation
B. recognizing that even where the plaintiff presents evidence of selective treatment failure to demonstrate malice or bad faith requires dismissal of the claim
C. holding that a bad faith claim is a tort
D. holding that officers were not justified in conducting a protective sweep incident to the defendants arrest despite the defendants alleged involvement with narcotics and possession of weapons because the defendant did not resist and there was no noise or other evidence suggesting anyone else was present in the house
E. holding that despite the governments dilatory response to defendants discovery requests the government did not act in bad faith because there is no evidence that anyone  suspected that the tape was exculpatory and the tape was erased not as a result of malice but routine police department policy
Reply with [A, B, C, D, E] only.