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STATE v. HERNANDEZ

No. CR-17-0325-PR.

417 P.3d 207 (2018)

STATE of Arizona, Appellee, v. Anthony Lito HERNANDEZ, Appellant.

Supreme Court of Arizona.

Filed May 18, 2018.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Amy M. Thorson (argued), Assistant Attorney General, Criminal Appeals Section, Tucson, Attorneys for State of Arizona.

John William Lovell, John William Lovell Esq. , Tucson; and David J. Euchner (argued), Pima County Public Defender's Office, Tucson, Attorneys for Anthony Lito Hernandez.

Timothy Sandefur , James Manley , Goldwater Institute, Phoenix, Attorneys for Amici Curiae Goldwater Institute and Professor Erik Luna.

Maricopa County Public Defender, Amy Kalman (argued), Deputy Public Defender, Phoenix; and Timothy J. Eckstein , Osborn Maledon PA, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES BRUTINEL, TIMMER, BOLICK, and GOULD joined. JUSTICE BOLICK concurred.

¶ 1 We consider whether law enforcement officers violated a defendant's rights under the Fourth Amendment to the United States Constitution and article 2, section 8 of the Arizona Constitution when they followed the defendant's vehicle onto a private driveway to complete a traffic stop which began on a public...

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