The officer’s observation of the vehicle in a high-crime area was not reasonable suspicion. There was nothing incongruent about defendant’s travel plans and he kept his hands in plain view above the steering wheel. The officer improperly prolonged the traffic stop when he ordered defendant and the vehicle’s owner (the passenger) out of the vehicle and began investigating into the presence of weapons and contraband. The officer was not conducting a diligent investigation into the reason for the stop, the order was not a de minimis intrusion, and defendant would not have felt free to leave while the officer still had his driver’s license. State v. Miller, 2016 N.C. App. LEXIS 1313 (Dec. 20, 2016).

The trial court erred in denying defendant’s motion to suppress. Defendant only consented to the warrantless blood draw after being informed by the police that refusal to submit to the test could result in enhanced penalties, which was partially inaccurate, and thus, his consent to the warrantless intrusion was not voluntary. Commonwealth v. Evans, 2016 PA Super 293, 2016 Pa. Super. LEXIS 778 (Dec. 20, 2016).*