D.Kan.: RS on totality here was weak and motion to suppress granted

“Although a close call, the Court concludes that the trooper did not have reasonable suspicion that criminal activity was afoot and had no right to detain Medina for further investigation. Though reasonable suspicion is not meant to be an onerous standard, the totality of the handful of weak or valueless indicators here falls short of the relatively low bar. Notably, Tenth Circuit cases finding reasonable suspicion on similar facts turned on the driver’s prior criminal history, which is not alleged to be a factor here. On the facts of this case as a whole, the factors cited by the trooper collectively are insufficient to support a finding that reasonable suspicion existed to detain Medina after the lawful traffic stop concluded. The trooper’s suspicion here is more akin to a hunch that turned out to be accurate. For these reasons, the Court grants Medina’s motion to suppress.” United States v. Medina, 2014 U.S. Dist. LEXIS 92259 (D. Kan. July 8, 2014).

There was reasonable suspicion on the totality for the detention and then consent for the search. United States v. Burwell, 2014 U.S. Dist. LEXIS 92242 (W.D. Mo. July 8, 2014),* R&R 2014 U.S. Dist. LEXIS 93821 (W.D. Mo. May 30, 2014).*

Officers had qualified immunity on a probation search because they had at least arguable reasonable suspicion, if not actual. Leatherwood v. Welker, 2014 U.S. App. LEXIS 12813 (10th Cir. July 8, 2014).*