RENDERED: FEBRUARY 19, 2026 TO BE PUBLISHED
Supreme Court of Kentucky 2024-SC-0414-MR
EDGAR HERNANDEZ APPELLANT
ON APPEAL FROM JEFFERSON CIRCUIT COURT V. HONORABLE JENNIFER WILCOX, JUDGE NO. 22-CR-002245
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION OF THE COURT BY JUSTICE NICKELL
AFFIRMING
Edgar Hernandez entered a conditional guilty plea pursuant to RCr 1 8.09
to two counts of murder and one count of tampering with physical evidence.
Within his guilty plea, he reserved the right to appeal from the denial of his
pretrial suppression motion. The trial court sentenced him to the negotiated
term of twenty-five years’ imprisonment and this appeal followed. We affirm.
On May 14, 2022, Khalil Laghmani and Mahamedamin Abdi were shot
and killed at the intersection of Hikes Lane and Breckenridge Lane in
Louisville, Kentucky. Eyewitnesses told investigators that a green Chevrolet
Tahoe pulled up next to the victims’ vehicle before gunfire erupted. The Tahoe
then drove through the parking lot of a neighboring Kroger where an employee
noted it had a yellow license plate. Surveillance video from surrounding
1 Kentucky Rules of Criminal Procedure. businesses and residences obtained by police showed the Tahoe and revealed it
had a unique antenna and wheels. Also, the rear window wiper arm had what
appeared to be a distinctive spot of white paint.
During the ensuing investigation, Detective Stephen Snider spoke with
Hernandez’s ex-girlfriend after receiving a tip from the sister of one of the
victims that she might have information related to the murders. According to
the ex-girlfriend, Hernandez told her that he had shot Khalil in the head.
However, in spite of his confession, she indicated her belief Hernandez was not
the shooter and said he had also told her he was only joking about killing
Khalil. At the time he made the statements, much of the information
surrounding the identities of the victims and the nature of their injuries had
not been released by police to the public or media outlets.
Detective Snider obtained cellphone data which confirmed Hernandez
had called his ex-girlfriend shortly after the murders. Cell site location data
also placed him in the area of the shooting around when it occurred and
showed he drove back to his apartment afterwards. The direction of travel from
the shooting location to his home matched the statement given by the Kroger
employee who had seen the Tahoe leaving the scene immediately following the
murders.
Detective Snider then conducted video surveillance of Hernandez’s home.
There, police observed a green Tahoe with a yellow “Just for Kids” license plate,
a white spot on the rear wiper arm, and unique wheels and antenna which
matched descriptions given by eyewitnesses. Hernandez was seen driving the
vehicle numerous times and was observed in the video surveillance on more
than one occasion exiting the vehicle while in possession of a handgun. 2 Based on the information gathered during the investigation, Detective
Snider effected a warrantless arrest of Hernandez outside of his home.
Incident to his arrest, Hernandez was searched, and a gun was found in his
hooded sweatshirt. 2 Once in custody, Hernandez was transported to the police
station to be interviewed and processed. At the beginning of the recorded
interview, after obtaining basic identification information, Detective Snider read
Hernandez the required Miranda 3 warnings and provided him a printed copy.
He then read and provided Hernandez a waiver of rights, explained that he was
not required to talk and could stop the questioning or request an attorney at
any time. Hernandez asked “So, like, if I [inaudible] speak to you, that means .
. .” 4 at which point Detective Snider stated signing the waiver indicated a
willingness to talk but reiterated that Hernandez could stop talking whenever
he wished and could also ask for an attorney if he wished. Hernandez
subsequently signed the rights waiver form and ultimately confessed to
shooting both victims. He was indicted for two counts of murder and one
count of tampering with physical evidence. 5
Hernandez moved to suppress his statements to police and all evidence
obtained subsequent to his warrantless arrest. He asserted his arrest was
2 It was subsequently determined that the gun seized from Hernandez was not the murder weapon. 3 Miranda v. Arizona, 384 U.S. 436 (1966). 4 The parties dispute whether Hernandez said, “if I want to speak to you” or “if I
don’t speak to you.” The interview was played for the trial court and the audio was captured on the video record. However, Hernandez’s actual words are not discernable by this Court. Although a copy of the recorded interview and Detective Snider’s body- worn camera footage from the interview were tendered as exhibits, neither is part of the appellate record. 5 The tampering charge arose from Hernandez’s alleged disposal of the murder weapon. 3 invalid as it was unsupported by probable cause and made only for
investigatory purposes. He contended his confession was involuntary due to
the illegal arrest and his lack of knowledge of the seriousness of the offenses
for which he stood accused because he was not immediately informed of the
reason he was being arrested. He asserted both his confession and the
evidence seized 6 were tainted and should be suppressed.
Following an evidentiary hearing and the filing of post-hearing
memoranda, the trial court denied the suppression motion, concluding an
arrest warrant was not required and detectives possessed sufficient proof to
support a probable cause arrest. Because the arrest was proper and lawful,
the trial court found the ensuing search of Hernandez’s person was likewise
not infirm. It further concluded Hernandez had been properly advised of his
Miranda rights, he had indicated his understanding of those rights by his
actions and the signing of the waiver form, and he never asked for an attorney.
Finally, the trial court discerned no evidence supporting Hernandez’s claim his
confession to police was coerced.
Hernandez subsequently entered a conditional guilty plea, reserving the
right to appeal the adverse ruling on his suppression motion. In exchange for
his plea, the Commonwealth recommended concurrent sentences of twenty
years on each murder charge and a consecutive five-year sentence for the
tampering with physical evidence charge, for a total sentence of twenty-five
6 Although Hernandez initially challenged the search of his home by police, he raises no argument on appeal relative to that issue. This failure is deemed to be an abandonment of the issue, and we decline to address the matter. CSX Transp., Inc. v. Moody, 313 S.W.3d 72, 88 (Ky. 2010). 4 years. The trial court imposed the recommended sentence, and this appeal
followed.
Before this Court, Hernandez argues suppression was required for three
reasons. First, he asserts police lacked probable cause to effect his warrantless
arrest in circumvention of his constitutional protections. Building upon those
assertions, he also contends the search incident to his arrest was infirm as
likewise lacking probable cause. Finally, Hernandez alleges he did not validly
waive his Miranda rights and that his confession was involuntary. We shall
address each allegation of error in turn.
When reviewing rulings on motions to suppress, this Court utilizes a
two-step process.
First, we review the trial court’s findings of fact under the clearly erroneous standard. Under this standard, the trial court’s findings of fact will be conclusive if they are supported by substantial evidence. Second, we review de novo the trial court’s application of the law to the facts.
Rhoton v. Commonwealth, 610 S.W.3d 273, 275-76 (Ky. 2020). Substantial
evidence is “evidence of substance and relevant consequence having the fitness
to induce conviction in the minds of reasonable men.” Commonwealth v.
Jennings, 490 S.W.3d 339, 346 (Ky. 2016) (quoting Owens-Corning Fiberglas
Corp. v. Golightly, 976 S.W.2d 409, 414 (Ky. 1998)). In undertaking such a
review, we are mindful “to give due weight to inferences drawn from those facts
by resident judges and local law enforcement officers.” Ornelas v. United
States, 517 U.S. 690, 699 (1996). A trial court’s decision on a suppression
motion is “based squarely [on] the evidence presented at the suppression
hearing.” Hampton v. Commonwealth, 231 S.W.3d 740, 749 (Ky. 2007). Such
testimony does not require corroboration. As a reviewing Court, we will not 5 substitute our view of the evidence for that of the trial court. Payne v.
Commonwealth, 681 S.W.3d 1, 4 (Ky. 2023).
Hernandez first argues his warrantless arrest was purely investigatory,
unsupported by probable cause, and was therefore unlawful. He claims that,
at the time of his arrest, officers “had very little evidence, more of a hunch that
[he] was the shooter,” so they intentionally and deliberately chose to forego the
arrest warrant procedure, opting instead to rely on the statutory authority for
warrantless arrests of suspected felons pursuant to KRS 7 431.005(1)(c).
Hernandez claims no exigent circumstances existed and police had no valid
reason for bypassing the warrant procedure. In his estimation, Detective
Snider’s actions strongly indicate he was aware he lacked articulable probable
cause at the time he effectuated the arrest. Thus, Hernandez argues his arrest
was unconstitutional and the trial court erred in failing to sustain his
suppression motion on that ground. We disagree.
Contrary to Hernandez’s implication, no absolute requirement exists that
a police officer, in the absence of exigent circumstances, must always seek to
procure an arrest warrant prior to taking a suspected felon into custody. 8
Nearly fifty years ago, the Supreme Court of the United States held “[t]here is
nothing in the Court’s prior cases indicating that under the Fourth Amendment
7 Kentucky Revised Statutes. 8 For the first time on appeal, Hernandez asks this Court to revisit our precedent relative to the protections contained in Section Ten of the Kentucky Constitution “to determine whether an absence of a warrant requirement for arrests should still be the law of the land in Kentucky[.]” We decline his invitation as “it is the longstanding practice of this Court to refrain from addressing constitutional questions unless absolutely necessary to a decision on the merits of the case.” Dunn v. Solomon Found., 723 S.W.3d 711, 734 (Ky. 2025) (citations omitted). 6 a warrant is required to make a valid arrest for a felony. Indeed, the relevant
prior decisions are uniformly to the contrary.” United States v. Watson, 423
U.S. 411, 416-17 (1976). 9 “The usual rule is that a police officer may arrest
without warrant one believed by the officer upon reasonable cause to have been
guilty of a felony, and that he may only arrest without a warrant one guilty of a
misdemeanor if committed in his presence.” Carroll v. United States, 267 U.S.
132, 156-57 (1925) (citations omitted). Kentucky has codified this
fundamental rule in KRS 431.005(1)(c) which permits a police officer to make a
warrantless arrest “when he or she has probable cause to believe that the
person being arrested has committed a felony[.]”
Here, there is no doubt a felony had been committed, so the issue before
this Court centers on whether, after reviewing the pertinent facts, Detective
Snider had reasonable grounds to believe Hernandez had committed the felony.
Probable cause to arrest is only a probability or substantial chance of criminal activity, not a certainty that a crime was committed. . . . In determining whether an arrest is reasonable under the Fourth Amendment, courts must never lose sight of the fundamental principle that probable cause is a common-sense, nontechnical conception that deals with the factual and practical considerations of everyday life on which reasonable and prudent persons, not legal technicians, act.
...
Probable cause to arrest is a fluid concept, turning on the assessment of probabilities in particular factual contexts, not readily, or even usefully, reduced to a neat set of legal rules; it is incapable of precise definition or quantification into percentages.
9 In Kentucky, the protections from unreasonable searches and seizures under both the state and federal constitutions are co-extensive. We have consistently held that “Section 10 of the Kentucky Constitution provides no greater protection than does the federal Fourth Amendment.” Cobb v. Commonwealth, 509 S.W.3d 705, 712 (Ky. 2017) (quoting LaFollette v. Commonwealth, 915 S.W.2d 747, 748 (Ky. 1996)). Thus, we are guided by decisions of the United States Supreme Court interpreting the Fourth Amendment. Reed v. Commonwealth, 647 S.W.3d 237, 243 (Ky. 2022). 7 The subjective intentions of an arresting officer play no role in an ordinary “probable cause” analysis under the Fourth Amendment. Rather, an arrest will be upheld if objective circumstances justify it.
5 AM. JUR. 2d Arrest § 9 (citations omitted). Additionally,
[p]robable cause must exist and must be known by the arresting officer at the time of the arrest. It is not sufficient that we look at the evidence in retrospect to find probable cause. . . . The prior knowledge required by an officer is not such as guarantees a conviction; it is such that makes it probable, by the use of any one or more of our five senses, that in the opinion of the arresting officer the accused had committed or was in the act of committing a felony.
Sampson v. Commonwealth, 609 S.W.2d 355, 358-59 (Ky. 1980). “The
necessary inquiry, therefore, was not whether there was a warrant or whether
there was time to get one, but whether there was probable cause for the
arrest.” Watson, 423 U.S. at 417.
Hernandez offers little more than speculation and arguments based on
inferences gleaned from his opinions that officers lacked probable cause to
arrest him or that they intentionally attempted to evade the warrant
requirement by lying in wait outside his apartment. He further fails to indicate
how or why the trial court’s decision was clearly erroneous. Our review of the
record reveals his allegation of error is without merit.
During the investigation of the double homicide, Detective Snider
obtained eyewitness reports and surveillance video revealing details of the
shooting as well as the suspected shooter’s vehicle and direction of travel.
Subsequent surveillance placed an armed Hernandez behind the wheel of a
vehicle matching that seen on the surveillance video which was confirmed to be
owned by his family. Cellphone data revealed Hernandez was in the vicinity of
8 the shooting when it occurred and travelled toward his home thereafter.
Detective Snider was also made privy to statements Hernandez made to his ex-
girlfriend implicating himself in the shootings which included details which had
not yet been released to the public by police. Again, cellphone data confirmed
Hernandez phoned his ex-girlfriend shortly after the shooting. Given these
facts, we are convinced Detective Snider possessed sufficient probable cause to
effectuate an arrest and conclude the trial court did not abuse its discretion in
so finding.
Having held Hernandez was not unlawfully arrested, we can summarily
dispose of his second argument relative to the alleged illegality of the search
incident to his arrest. “Among the recognized exceptions to the warrant
requirement is a search incident to arrest” whereby “an officer is permitted to
search the person arrested and the area within the arrestee’s immediate
control.” McCloud v. Commonwealth, 286 S.W.3d 780, 785 (Ky. 2009)
(footnotes omitted). Because Hernandez was lawfully arrested, the search of
his person was constitutionally permissible as it “flowed naturally and
permissibly” from that arrest. Id. at 786. Suppression of evidence seized
during the search was unwarranted.
Finally, Hernandez contends his confession should have been
suppressed as the fruit of an illegal arrest. Alternatively, he asserts
suppression was necessary because he did not validly and voluntarily waive his
Miranda rights. Insofar as his challenges rest on allegations that his arrest
was unconstitutional and solely for investigatory purposes, they are without
merit for the reasons previously stated herein and warrant no further
discussion. Plainly, “[a] confession cannot be ‘fruit of the poisonous tree’ if the 9 tree itself is not poisonous.” Colorado v. Spring, 479 U.S. 564, 571-72 (1987).
We focus instead on Hernandez’s assertions relative to the voluntariness of his
confession.
“The Fifth Amendment of the United States Constitution provides that no
person ‘shall be compelled in any criminal case to be a witness against
himself.’” Id. at 572. Before a custodial interrogation commences, a defendant
must be informed “that he has a right to remain silent, that any statement he
does make may be used as evidence against him, and that he has the right to
the presence of an attorney, either retained or appointed.” Miranda, 384 U.S.
at 444. If the defendant desires not to talk with police, begins speaking and
subsequently decides to stop the questioning, or requests an attorney’s
presence, the interrogation must cease. Id. at 445. Any waiver of the right to
remain silent must be made “voluntarily, knowingly, and intelligently.” Id. at
444. The Commonwealth bears the burden of “affirmatively establish[ing] the
voluntariness of a confession by a preponderance of the evidence.” Tabor v.
Commonwealth, 613 S.W.2d 133, 135 (Ky. 1981).
Hernandez’s entire interview was recorded and presented as evidence to
the trial court. The recording reveals Hernandez was read his Miranda
warnings, Detective Snider provided him a written copy of the rights, and
Hernandez signed a rights waiver form. At the suppression hearing, Hernandez
testified that he understood his rights under Miranda and admitted he never
requested an attorney. He does not challenge Detective Snider’s testimony that
he admitted to shooting both victims. Nor does he contend he was coerced or
compelled to waive his rights or to offer a confession. Nevertheless, Hernandez
asserts his confession could not be voluntary because he could not appreciate 10 the context in which he was waiving his rights as Detective Snider did not
promptly inform him of the reason for the arrest. He believes these facts
render the Commonwealth incapable of carrying its burden of showing his
confession was voluntary. Again, we disagree.
Hernandez’s assertion that Detective Snider did not provide him with all
information he now deems pertinent prior to seeking a waiver is unpersuasive.
His position
does not relate to any of the traditional indicia of coercion: “the duration and conditions of detention . . ., the manifest attitude of the police toward him, his physical and mental state, the diverse pressures which sap or sustain his powers of resistance and self- control.” Culombe v. Connecticut, 367 U.S. 568, 602, 81 S.Ct. 1860, 1879, 6 L.Ed.2d 1037 (1961) (opinion of Frankfurter, J.). Absent evidence that [Hernandez’s] “will [was] overborne and his capacity for self-determination critically impaired” because of coercive police conduct, ibid.; see Colorado v. Connelly, 479 U.S. 157, 163-164, 107 S.Ct. 515, ––––, 93 L.Ed.2d 473 (1986), his waiver of his Fifth Amendment privilege was voluntary under [the Supreme] Court’s decision in Miranda.
Spring, 479 U.S. at 574.
We are likewise unconvinced the waiver of his Fifth Amendment privilege
was not knowingly and intelligently made. Hernandez admittedly knew and
understood he had the right to remain silent, that anything he said would be
used as evidence against him, and that he had the right to request counsel at
any time. “The Constitution does not require that a criminal suspect know and
understand every possible consequence of a waiver of the Fifth Amendment
privilege.” Id. (citation omitted). His alleged tender years and lack of
experience with law enforcement simply does not change the Constitutional
calculus. See Hernandez v. Commonwealth, 671 S.W.3d 217, 226 (Ky. 2023).
11 Additionally, the United States Supreme Court “has never held that mere
silence by law enforcement officials as to the subject matter of an interrogation
is ‘trickery’ sufficient to invalidate a suspect’s waiver of Miranda rights[.]”
Spring, 479 U.S. at 576. We decline to accept Hernandez’s invitation to do so
today. Nor are we inclined to hold that a statutory violation of KRS 431.025
constitutes “overreaching” by police sufficient to invalidate an otherwise
constitutionally sound arrest and subsequent confession by a defendant. Even
if a statutory violation occurs, exclusion of evidence is generally not
appropriate. See Commonwealth v. Bedway, 466 S.W.3d 468, 477 (Ky. 2015).
Based on the totality of the circumstances, we discern no abuse of
discretion in the trial court’s refusal to grant Hernandez’s suppression motion.
Hernandez admittedly knew his rights, waived them at the beginning of his
interview, and did not subsequently seek to invoke them before confessing to
the double homicide. The record reveals no indication of coercion or police
misconduct which would taint his confession. Hernandez’s speculative and
self-serving accusations to the contrary do not withstand scrutiny. There was
no error.
For the foregoing reasons, the judgment of the Jefferson Circuit Court is
affirmed.
All sitting. Lambert, C.J.; Bisig, Conley, Goodwine, and Thompson, JJ.,
concur. Keller, J., concurs in result only.
12 COUNSEL FOR APPELLANT:
Rob Eggert Tricia F. Lister
COUNSEL FOR APPELLEE:
Russell M. Coleman Attorney General of Kentucky
Melissa A. Pile Assistant Attorney General