did not have reasonable suspicion of any criminal activity during his questioning of Machuca-Barrera at primary. 32 . If Machuca-Barrera had not consented to the requested search, Agent Holt would not have been able to extend the stop beyond its permissible duration. The mere fact that a person refuses to consent to search cannot be used as evidence in support of reasonable suspicion. See United States v. Hunnicutt, 135 F.3d 1345, 1350-51 (10th Cir.1998) (noting that it "would make a mockery of the reasonable suspicion and probable cause requirements ... if citizens’ insistence that searches and seizures be conducted in conformity with constitutional norms could create the suspicion or cause that renders their consent unnecessary”); Karnes v. Skrutski, 62 F.3d 485, 495 (3d Cir.1995) (<HOLDING>); see also United States v. Moreno, 233 F.3d
holding that the fact that defendant granted consent to police to search some items and then refused to give consent to additional searches cannot support a finding of reasonable suspicion holding the drivers refusal to consent to search of automobile did not give rise to reasonable suspicion that vehicle contained narcotics holding that child cannot consent to search of parents bedroom holding that refusal to consent to search cannot support a finding of reasonable suspicion holding that the excluded evidence required a finding of reasonable suspicion