State of Arizona v. Anthony Lito Hernandez
Arizona Supreme Court
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
- Welsh v. WisconsinSupreme Court of the United States · 1984
- Florida v. JardinesSupreme Court of the United States · 2013
- Rochlin v. StateArizona Supreme Court · 1975
- State v. OLMCourt of Appeals of Arizona · 2010
- State v. HernandezCourt of Appeals of Arizona · 2017