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Reasonable Suspicion – Stop – Basis – Knowledge Driver Had No License

State v. Bruce A. Kassube, 2003 WI App 64
For Kassube: Leonard D. Kachinsky

Issue/Holding:

¶7. We conclude, however, that the totality of the circumstances supports a reasonable basis for James’s suspicion. James had known Kassube between nine and twelve years and had never known Kassube to have a driver’s license at any time during that period. Further, within eleven months of the stop, Kassube informed James that he still did not have a license.

¶8. This is different from Boyd and the cases it cites because those cases all dealt with temporary suspensions of drivers’ licenses. In such a situation, a driver may have regained his or her license at any time without the office’s knowledge. Here, Kassube did not simply have his privileges temporarily suspended, but had never had a license at all during the nine to twelve years James knew him. It was reasonable for James to believe that if Kassube had not obtained a license in nine to twelve years, he did not do so in the last eleven months and was likely to be driving without a license.

 

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