(“Preliminary questions concerning ... the admissibility of evidence shall be determined by the court....”). Competent opposing evidence controverts almost all of Mr. Fisher’s factual allegations that might give rise to reasonable suspicion. If the facts are as Sisneros asserts, this case is not one in which Mr. Fisher “reasonably but mistakenly conclude[d] that probable cause [or reasonable suspicion] [was] present,” Defendants’ Brief at 16-17; Anderson v. Creighton, 483 U.S. at 641, 107 S.Ct. 3034; Reply at 9 (citing Romero v. Fay, 45 F.3d 1472, 1476 (10th Cir.1995)); rather, if the facts are as Sisneros’s alleges, this case is one in which an overzealous law enforcer saw suspicious activity where none existed. See, e.g., Poolaw v. Marcantel, 565 F.3d 721, 736-37 (10th Cir.2009) (<HOLDING>); Cortez v. McCauley, 478 F.3d at 1123 (holding
holding that the facts that 1 chara told her mother she was anxious about having a gun in her car 2 chara was the primary homicidesuspects sisterinlaw and 3 the  homicide weapon had not been found did not establish reasonable suspicion to believe the homicide weapon was in charas vehicle holding that the elevenyearold victims twentyonemonth delay in reporting her grandfathers inappropriate sexual conduct was adequately explained where the child testified that she did not tell anyone about the incident because her grandfather told her not to tell she did not think anybody was going to believe her and she felt scared and threatened by the defendant holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony holding that an expert may testify regarding the place of manufacture of a weapon in order to establish whether the weapon traveled in interstate commerce holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement