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 the Arizona Constitution when they followed Hernandez onto a private driveway 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 constituted implied consent to their limited presence and completion of the stop. The court therefore affirmed the denial of suppression, convictions, and sentences, and vacated the court of appeals' opinion. Justice Bolick, concurring, agreed with the implied-consent holding but would reserve broader questions about the Arizona Constitution's privacy provision for a future case.