Legal Opinion · Concurrence

State of Arizona v. Anthony Lito Hernandez

Arizona Supreme Court

Decided May 18, 2018No. CR-17-0325-PRPublished

1ConcurrenceBolick, J.

¶26 I join the Court's well-stated core holding that "the driver's choice to lead the officers to a specific location for the stop constitutes the driver's implied consent to the officer's presence at that location." Supra ¶ 17. I write separately to emphasize that the Court's decision stops right there.

¶27 The Court properly recognizes that Hernandez had a reasonable expectation of privacy in the curtilage to the home. Supra ¶¶ 12, 15. In his dissent below, Judge Staring correctly concluded that, absent exigent circumstances, a warrant ordinarily is required for police intrusion even in an…

2Cases cited5 opinions

  1. Welsh v. WisconsinSupreme Court of the United States · 1984
  2. Florida v. JardinesSupreme Court of the United States · 2013
  3. Rochlin v. StateArizona Supreme Court · 1975
  4. State v. OLMCourt of Appeals of Arizona · 2010
  5. State v. HernandezCourt of Appeals of Arizona · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API