01-1837-CR State v. Arneson

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The State of Wisconsin appeals from an order granting Brandy Arneson’s motion to suppress evidence discovered after she consented to a search of her car. The issue is whether Arneson gave her consent voluntarily. Although we agree with Arneson that the holding in State v. Williams, 2001 WI App 249, __Wis. 2d__, 635 N.W.2d 869, would require the evidence to be suppressed, we conclude that Williams cannot be reconciled with our previous decision, State v. Gaulrapp, 207 Wis. 2d 600, 558 N.W.2d 696 (Ct. App. 1996). Further, because the court of appeals does not have the power to overrule or modify its own published opinions, Gaulrapp is controlling. Under Gaulrapp, the arresting officer did not “seize” Arneson when he asked for consent to search her car, and therefore, he did not violate Arneson’s right against unreasonable searches and seizures.

We therefore reverse.

Not recommended for publication in the official reports.

Dist IV, Columbia County, Miller, J., Dykman, J.

Attorneys:

For Appellant: Troy Dean Cross, Portage

For Respondent: Steven D. Phillips, Madison