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STATE v. WILLIAMS

Nos. 01-0463-CR, 01-0464-CR.

255 Wis.2d 1 (2002)

2002 WI 94

646 N.W.2d 834

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Lawrence A. WILLIAMS, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Antwon C. MATHEWS, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 9, 2002.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the defendant-respondent, Lawrence A. Williams, there was a brief by Thomas E. Knothe and Collins, Quillin & Knothe, Ltd., La Crosse, and oral argument by Thomas E. Knothe.

For the defendant-respondent, Antwon C. Mathews, there was a brief by Peter J. Thompson, Eau Claire, and oral argument by Peter J. Thompson.

¶ 1. DIANE S. SYKES, J.

This case involves a consent search of a vehicle, and the issue is whether the driver was "seized" for purposes of the Fourth Amendment when he consented to the search.

¶ 2. Defendant Lawrence Williams was stopped for speeding on I-94. The state trooper conducting the stop issued a warning citation and returned Williams' driver's license and other paperwork, said "[we]'ll let you get on your way then," shook hands, and headed...

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