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Reasonable Suspicion – Stop – Basis: Nervousness, Lateness of Hour, Picture of Mushroom

State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999)
For Betow: James C. Murray

Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction of mushrooms may signify hallucinogenic use; lateness of the hour; driver’s implausible explanation of itinerary; driver’s nervousness; fact the car was coming from Madison (a city supposedly associated with drugs). State v. Young, 212 Wis. 2d 417, 569 N.W.2d 84 (Ct. App. 1997), followed; State v. Morgan, 197 Wis.2d 200, 539 N.W.2d 887 (1995), distinguished.

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