People v. Mitchell

The people appeal by leave granted from a determination that defendant’s statements to police must be suppressed from evidence as the fruit of an arrest without probable cause.

In this case, defendant challenged the admissibility of her confession to the police at her preliminary examination. The examining magistrate held that her confession should be suppressed, because it was the product of an arrest without probable cause. Defendant was nonetheless bound over on a second-degree murder charge. After an evidentiary hearing, the Recorder’s Court judge also determined that defendant was…