State v. Hernandez

¶ 29 The crux of the majority’s analysis is that Hernandez’s act of turning into the driveway—making a “lengthy swooping turn” mere seconds after the activation of the emergency lights—provided deputies with both probable cause to arrest him for willful, felony flight and exigent circumstances that permitted a physical intrusion onto constitutionally protected curtilage. I disagree.

¶30 While reasonableness is the “touchstone” of Fourth Amendment analysis, *577“[r]easonableness .., depends ‘on a balance between the public interest and the individual’s right to personal security free from arbitrary…