GILMAN, J., delivered the opinion of the court. COOK, J. (pp. 786-787) and DOWD, D.J. (pp. 787-789), delivered separate opinions concurring in part and dissenting in part. OPINION RONALD LEE GILMAN, Circuit Judge. This case provides a classic example of how plausible but unsubstantiated speculation and miscommunication on the part of law enforcement officers can cause…
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