Arizona Supreme Court

State of Arizona, Appellee v. Anthony Lito Hernandez, Appellant

May 18, 2018417 P.3d 207

Summary

The court held that officers did not violate the Fourth Amendment or Arizona's privacy provision when they followed Hernandez onto private property to complete a traffic stop initiated on a public road. Although Hernandez had a reasonable expectation of privacy in the relevant curtilage, his decision to lead the officers there impliedly consented to their limited presence and interaction to complete the stop. The court therefore affirmed the suppression ruling and convictions and vacated the court of appeals' opinion. Justice Bolick, concurring, agreed with the result but would have rested the decision exclusively on implied consent and reserved broader questions about Arizona's independent privacy protections.