STATE v. JONES

Nos. 03-3216-CR, 03-3217-CR.

278 Wis.2d 774 (2005)

2005 WI App 26

693 N.W.2d 104

STATE of Wisconsin, Plaintiff-Appellant, v. Reginald R. JONES, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Maurice E. O'NEAL, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 26, 2005.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Peggy A. Lautenschlager, attorney general, and Sarah K. Larson, assistant attorney general.

On behalf of the defendant-respondent, Reginald R. Jones, the cause was submitted on the brief of John P. Tedesco, assistant state public defender.

On behalf of the defendant, Maurice E. O'Neal, the cause was submitted on the brief of Attorney Jess Martinez, of Waukesha.

Before Anderson, P.J., Nettesheim and Snyder, JJ.


¶ 1. NETTESHEIM, J.

The State of Wisconsin appeals from an order suppressing evidence obtained during a consent search of an automobile driven by Maurice E. O'Neal. The evidence recovered resulted in charges against O'Neal and the passenger in his vehicle, Reginald R. Jones.1 The issue in this case is whether O'Neal was seized within the meaning of the Fourth Amendment when he consented...

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