BARNES v. STATE


25 Wis.2d 116 (1964)

BARNES, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

October 6, 1964.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Warren L. Kreunen of Milwaukee.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the briefs were George Thompson, attorney general, William A. Platz, assistant attorney general, and William J. McCauley, district attorney of Milwaukee county.

A brief amicus curiae was filed by James M. Shellow and Shellow & Shellow, all of Milwaukee, for the Milwaukee Chapter, American Civil Liberties Union.


CURRIE, C. J.

The writ of error presents the issue of whether it was prejudicial error for the trial court to have denied the motion to suppress the evidence. To resolve this issue the court must resolve these subsidiary questions:

(1) Was the consent by defendant to the search of his person voluntary and not the product of duress?

(2) If such consent was the product of duress, did it constitute an unconstitutional search?

The provision of...

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