People v. Hernandez

Defendant was convicted, after jury trial, of 1st-degree murder and of personally discharging the firearm that caused her death. Defendant's statement was not attenuated from an illegal arrestand thus must be suppressed under 4th amendment. Duration between illegal arrest was short and thus did not provide time for independent reflection; and event that prompted confession was the bogus gunshot residue test, which did not qualify as an intervening circumstance purging taint of illegal arrest. State presented sufficient other evidence such that a retrial does not violate double jeopardy clause. (REYES, specially concurring; LAMPKIN, concurring in part and dissenting in part.)