Barnes v. State

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 sec. 11, art I, Wis. Const.,1 is identical to that of the Fourth amendment, United States constitution. This court long prior to Mapp v. Ohio (1961), 367 U. S. 643, 81…