Rodriguez

In this double homicide case, we address a finding by the trial court which suggests the police arrested defendant for a murder which both sides agree was unsupported by probable cause. Although the trial court’s findings are ambiguous, we conclude defendant’s motion to suppress was properly denied since there was ample probable cause to arrest defendant on the second, unrelated homicide. Contrary to defendant’s position, there is no requirement that the offense upon which the police make an arrest be “related” to the offense for which probable cause to arrest is found to exist.

We further determine that just because a trial court instructs a jury on perfect self-defense, this does not necessarily mean it has a sua sponte duty to also instruct on imperfect self-defense. Defendant’s case well illustrates the wisdom of this holding since even on appeal defendant fails to articulate what evidence supports the giving of an imperfect self-defense instruction. A review of the record reveals defendant received a windfall by convincing the court to instruct on perfect self-defense. He cannot now be heard to complain because the court did not instruct on imperfect self-defense…