D.Kan.: Surrounding car on day old robbery report with no specific facts was without RS; suppressed

Officers approached defendant’s vehicle, completely without reasonable suspicion, looking for a robbery suspect from a robbery a day earlier. They surrounded the car, had their hands at their weapons at the ready, and told defendant to roll down the window. That produced the smell of marijuana from inside the car. A search produced a gun, too. The encounter was without reasonable suspicion. The area may have been a high crime area, but defendant was doing nothing suspicious, and the other crime report was old. United States v. Dixon, 2016 U.S. Dist. LEXIS 2260 (D.Kan. Jan. 8, 2016).*

Failure to signal was cause for defendant’s arrest. The defendant’s argument that the stop was really pretextual, based on a state superior court holding, has never been adopted by the state supreme court, so it’s not adopted here. Defendant at first refused the order to get out of the car, and then he fled. A search incident of the car was thus permissible. State v. Turner, 2016 Del. Super. LEXIS 3 (Jan. 5, 2016).*