State v. Lewis O. Floyd, Jr.

{dissenting).

¶ 44. The court of appeals acknowledged that the question of reasonable suspicion here "is a very close call." State v. Floyd, 2016 WI App 64, ¶ 16, 371 Wis. 2d 404, 885 N.W.2d 156.1 land on one side of the line and the court of appeals' decision falls on the other.

¶ 45. Rather than focus on the "close call" of reasonable suspicion, the majority avoids it entirely. Instead, it focuses primarily on the case specific fact of whether Floyd gave actual consent to the search. Majority op., ¶ 29 ("[W]hen a person consents, the Fourth Amendment does not bar the search . . . .").

¶ 46.…