of Officer Lane was that he could see a marihuana cigarette and a “water pipe” from the doorway. Lane did not act illegally to observe those two items. The marihuana found in the potato chips can, and the marihuana in the brown paper bags, however, were only observed after Lane exceeded the scope of his search for suspects. We hold that the second factor does not clearly favor either appellant or the State. In analyzing the third factor, we do not see any evidence of flagrant police misconduct. Courts usually do not deem police misconduct as “flagrant” unless the illegal conduct was engaged in for the purpose of obtaining consent, or the police misconduct was calculated to cause surprise or fear. See e.g., Brown v. Illinois, 422 U.S. 590, 605, 95 S.Ct. 2254, 2262, 45 L.Ed.2d 416 (1975) (<HOLDING>); Garcia v. State, 3 S.W.3d 227, 243
holding that police misconduct had a quality of purposefulness and was calculated to cause surprise fright and confusion holding that the police officers had probable cause to make a warrantless entry holding that two instances of misconduct do not indicate a persistent and widespread pattern of misconduct that amounts to a city custom or policy of overlooking police misconduct holding that the prosecution must establish a reasonable probability that the evidence would have been discovered by lawful means that the leads making the discovery inevitable were possessed by the police prior to the misconduct and that the police were actively pursuing the alternate line of investigation prior to the misconduct holding that the core inquiry is whether the police would have discovered the evidence if the misconduct had not occurred