"intervening act” exception). 32 . These other courts include the United States Court of Appeals for the Third, Fourth, Fifth, Eighth, Ninth, Tenth, and Eleventh Circuits, as well as other state courts. See, e.g., United States v. Coggins, 986 F.2d 651, 6 ression is warranted when the "causative factor in the abandonment” is the police's unlawful action). 36 . See, e.g., Dunaway v. New York, 442 U.S. 200, 218, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979); Brown v. Illinois, 422 U.S. 590, 603-04, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975). 37 . United States v. Bailey, 691 F.2d 1009, 1015 (11th Cir.1982) (citing Dunaway and Brown). 38 . United States v. Roman, 849 F.2d 920, 923 (5th Cir.1988). 39 . Case No. 17, 2010, App’x to App. Open. Br. At A21. 40 . Id. 41 . Id. 42 . Bailey, 691 F.2d at 1017 (<HOLDING>). In Bailey, the suspect had fled from the
holding that a defendants response to even an invalid arrest or terry stop may constitute independent grounds for arrest holding that if a suspects response to an illegal stop is itself a new distinct crime then the police constitutionally may arrest the suspect for that crime holding that possession of a weapon is not in an of itself a crime holding police may legally arrest a defendant for a new distinct crime even if the new crime is in response to police misconduct and causally connected thereto holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime