Full opinion text
Opinion MOSK, J. This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death under the 1978 death penalty law (id., § 190.1 et seq.). As we shall explain, we conclude that the judgment must be affirmed. Together with Norman Lee Steeg and Kevin John Finckel, defendant was charged with the first degree murder (Pen. Code, § 187) and robbery (id., § 211) of Gregory Lock. A felony-murder-robbery special circumstance (id., § 190.2, subd. (a)(17)(i)) was also alleged, as were enhancements for being armed with a firearm (id., § 12022, subd. (a)) and personally using such a weapon (id., § 12022.5). Prior to trial Finckel pleaded guilty to second degree murder and agreed to testify against defendant and Steeg. Defendant and Steeg were tried separately. Defendant, who was tried first, was convicted of robbery and first degree murder, was found to have committed the murder while engaged in the robbery and to have used and been armed with a firearm, and was sentenced to death. Like defendant, Steeg was convicted of robbery and first degree murder and was found to have committed the murder while engaged in the robbery and to have used and been armed with a firearm; he was sentenced, however, to life imprisonment without possibility of parole. At trial the prosecution called several witnesses in presenting its theory that defendant had personally killed Lock in the course of the robbery. The prosecution’s crucial witness was Finckel. Finckel testified that about 9 p.m. on September 29, 1981, he and defendant—whom he had met in July of that year and who sometimes used the alias of “Michael Brandon”—were released from the San Diego County jail, into which they had been booked earlier that day; neither had any money. On their release, they went to Mission Beach to look for Steeg—whom Finckel had known for about a year—and between 10 and 11 p.m. found him at a bar. Steeg was armed with a .38-caliber revolver. The three men spoke of burglarizing the apartment of one David Beardsley in Riverside, a topic they had previously discussed; Finckel had met Beardsley in August when Beardsley picked him up hitchhiking and let him stay in his apartment for four or five days. The three men agreed to commit the burglary. Because they did not have an automobile, they discussed how to get to Riverside. Finckel wanted to hitchhike; Steeg suggested they obtain a ride from a friend of his nicknamed “Mad Dog”; Finckel and defendant agreed they would not ride with “Mad Dog.” While at Mission Beach, Finckel went on, the three men encountered one Thomas Plaski. Plaski lived in the North Park area of San Diego and had known defendant, Steeg, and Finckel for two or three months. Plaski gave the trio permission to spend the night at his house. After leaving the bar, the three walked toward the ocean and then headed down the boardwalk in the direction of a roller coaster. In a parking lot near the roller coaster, they saw Gregory Lock, who was a sailor, trying to “push-start” his automobile, a white 1978 Oldsmobile hatchback with Florida license plates. They asked whether he needed help and Finckel asked if they could have a ride. Lock responded he would give them a ride in exchange for their help. The car was started and the four men entered: Lock was in the driver’s seat, defendant was next to him, and Steeg and Finckel were in the rear seat, Steeg behind Lock and Finckel behind defendant. Soon, Finckel continued, the group was proceeding north on Interstate Highway 5. Steeg then pulled out his gun and stuck it into Lock’s neck. Defendant told Lock to pull over, but Steeg disagreed and instructed him to keep driving. Defendant told Lock to empty his pockets and took his wallet and some change. Lock asked if he could keep some of his identification documents and defendant said yes. Eventually the direction of travel changed and the car began to proceed south. Between 1 and 2 a.m. the group arrived in National City and Steeg ordered Lock to pull off the road. As Lock drove to a deserted area near a warehouse, Steeg told him to stop. Steeg instructed defendant to get out and handed him the revolver. He then ordered Lock out of the car. Defendant then directed Lock to walk toward a telephone pole located about four feet behind the car. When Lock reached the pole, defendant told him to lean against it and, after he complied, shot him twice in the back. Lock screamed and started running; defendant fired another round and took up the pursuit; about 75 to 100 yards from where he had started Lock fell to the ground and defendant shot him 3 more times in the back. Defendant then ran back to the car. With Steeg driving, Finckel’s testimony continued, the three men went back to the beach to look for Plaski, but were unsuccessful. They then drove to Plaski’s home to spend the night. While there, defendant burned Lock’s wallet and some identification papers in the backyard. The next morning, Plaski arrived home. Steeg had a conversation with Plaski, in the course of which he said he had a stolen car parked a couple of blocks away. Plaski left to go to a store; while he was gone, the trio departed. The three men then drove Lock’s car to La Jolla, where Steeg sold some tickets to a Rolling Stones concert. From there they drove to Riverside to burglarize Beardsley’s apartment. Finckel, who could barely read or write because of dyslexia, had Beardsley’s address written on a piece of paper and gave it to Steeg. They waited until dark. Finckel then telephoned Beardsley, who said he would not be home that evening. Later, while Steeg remained in the car, defendant and Finckel broke into Beardsley’s apartment and stole a .38-caliber revolver, two cameras, hashish oil, and other items. After committing the burglary, Finckel went on, the three men drove to Long Beach to attempt to sell the hashish oil. There they encountered one Shane Magee. Finckel had never met Magee before—apparently defendant had—and told his companions not to trust him and not to talk about the shooting. Along with Magee, the three men eventually drove to Las Vegas. After arriving in Las Vegas apparently on October 1 or 2, Steeg rented a room for the trio—room 28—at the Villa Inn Motel. They brought both guns into the room—the murder weapon and Beardsley’s revolver—and Steeg fired the murder weapon, apparently by accident, in Finckel’s direction. The trio discussed their lack of money and made arrangements to sell the items taken in the Beardsley burglary. Magee pawned one of the cameras and arranged for the trio to meet with one Dana Cowen. Steeg sold a suitcase containing the stolen items to Cowen and split the proceeds with defendant and Finckel. Magee also testified on behalf of the prosecution. Apparently on September 30, he encountered defendant, Steeg, and Finckel in Long Beach; he had previously met defendant at Mission Beach. In the presence of defendant and Finckel, he was told by Steeg the trio had killed someone and that if he chose to go with them he would be going at his own risk; he was also told they had left an item of identification on the victim. Magee agreed to help the trio sell the hashish oil. The four men drove to the Santa Monica pier; when they could not find any buyers there, they drove to Ontario, and then to Las Vegas. On October 1 or 2, Magee continued, he had a stranger off the street pawn the camera for him for $30, and gave some of the proceeds to the stranger and the rest to Steeg. Apparently during the evening of October 2, he traded some of the hashish oil to a drug dealer for what proved to be bogus “dope.” He found the dealer and recovered what remained of the hashish oil and received $10 for the amount the dealer had already used; he took the money and spent a dollar of it on a drink. At this point defendant approached him, became angry because he had kept the money and had not given it to Steeg, and accused him of trying to cheat th.em. Without expressly referring to Lock, defendant said he had killed someone for a car and would do it again for two or three hundred dollars. Magee returned the remaining $9 to Steeg. Magee decided to part company with the trio. During the morning of October 3, he flattened a tire on Lock’s car and made an anonymous call to the Las Vegas Metropolitan Police Department from a telephone booth at the Villa Inn, in the course of which he implicated defendant, Steeg, and Finckel in the murder and robbery of Lock. Dana Cowen also testified for the. prosecution. Apparently on October 1 or 2, she was introduced to the trio by Magee. Defendant and Steeg began negotiations with her on the sale of items which she knew to be stolen, with Steeg taking the major role. At first Steeg discussed selling both guns, but then one or more of the trio expressed a desire to keep one of the weapons. An argument ensued. She eventually agreed to buy a suitcase full of items for $60. At some point Steeg admitted to her that he had killed a man; when she asked him why, he replied, “For money.” Among the prosecution’s other witnesses were Frances Rodriguez and two jailhouse informants, William Moore and Roderick Darby. Rodriguez testified that on the morning of September 30 she had discovered that her .38-caliber revolver, a watch, and a number of tickets to a Rolling Stones concert had been stolen from her bedroom dresser drawer; during the month of September Steeg had permission to stay at her home; and on September 28 he had been in her bedroom when she removed a Rolling Stones concert ticket from her dresser drawer to give to him. Each of the jailhouse informants, who had previously been convicted of theft-related felonies, stated that defendant had made certain admissions in his presence. The testimony of other prosecution witnesses established without dispute that on September 28, 1981, defendant, Steeg, and Finckel were together in San Diego and were stopped by a police officer. Similarly established was the fact that when found Lock’s body bore a single piece of military identification. Also established was the fact that as a result of Magee’s anonymous tip the Las Vegas police took defendant, Steeg, and Finckel into custody on October 3, 1981. The prosecution sought to prove its case through physical evidence as well as testimony. Among the items it introduced at trial were the following: the .38-caliber revolver stolen from Rodriguez, which an expert witness identified as the murder weapon; photographs of the white Oldsmobile hatchback; two .38-caliber cartridges; a burnt wallet and pieces of burnt paper that bore the words “Gregory” and “Union” (Lock had financed his car through the Navy Federal Credit Union)—all of which were recovered from Plaski’s backyard; the piece of paper bearing Beardsley’s name; and the suitcase and its contents sold to Cowen. The defense was alibi. In support, defendant attacked the credibility of Finckel and the two jailhouse informants: he presented evidence concerning each man’s character and sought to show the information that the inmates related could have come from sources other than defendant himself. A secondary defense of intoxication or diminished capacity was suggested through the testimony of Finckel, who was called as a defense witness and stated generally that on the night of the killing defendant was “acting like he was on LSD” and may have consumed the substance. Defendant did not testify. In the prosecution’s case-in-chief at the penalty phase, one William Carl testified that during the early morning hours of September 29, 1981, he and his wife were asleep in their home in San Diego. Awakened by his dogs, Carl found “two invaders in our fenced yard, in the rear of our residence,” and called the police. He confronted the “invaders,” who turned out to be defendant and Finckel, and asked them to leave; they did. He then went out to the boardwalk to watch for the police and the two men returned and asked if he was looking for them. Defendant threatened Carl by telling him he “belonged to the Mafia, and he had a gun on his hip, and if I talked to the police I would be dealt with.” The two men left the area, but were soon apprehended by the police. Magee testified that while in Las Vegas he and defendant, Steeg, and Finckel discussed how to get money. Defendant suggested that when a woman pulled up to a stop sign he would jump in her car, seize her purse, and then take the car to escape. Finckel testified that when defendant returned to the car after shooting Lock, he said he liked doing the deed. During the next several days until the time of arrest, never in his presence did defendant express sorrow, regret, or remorse for what he had done. Finckel substantially corroborated Magee’s testimony on defendant’s robbery plan: “He said that he—to wait until the car stopped at a red light, and hop into a car and pull the gun out, and take the guy’s money.” He had seen defendant take many drugs, including LSD and amphetamines. On the night of the shooting defendant was acting as he had while under the influence of LSD. He did not see defendant ingest any drugs after their release from jail on the night of the killing, but was not with him all the time and did in fact observe him with people who had previously supplied him with drugs. Darby, one of the jailhouse informants, testified that defendant said to him he enjoyed killing Lock and liked the sight of the blood and the end of the pistol in Lock’s stomach. Defendant never told him he was sorry for killing Lock or expressed in his presence any remorse or regret for the murder. On behalf of the defense, defendant’s father, Dennis Williams, and mother, Christine Mosely, presented an extensive family history. Both Williams and Mosely had been emotionally disturbed children, and Williams had been physically abused. Williams enlisted in the Navy. When he was 18 years old and Mosely was 17, they married; defendant was bom 6 months later, on September 20, 1962; 4 other children followed in quick succession. From the very beginning marriage and family life were stormy; there were financial and psychological problems; and just as Williams had himself been abused, so did he in turn abuse his wife and children. At about 12 years of age defendant was sexually molested by his stepgrandfather and began to experience significant difficulties in dealing with men, especially men in positions of authority. In his teenage years he started using drugs and alcohol, had several run-ins with the police, was confined more than once in juvenile detention facilities, and dropped out of high school; he was small in stature, and defensive on that point. Williams and Mosely’s marriage, which had always been far from stable, broke up when Mosely chose to leave and marry a family friend, who was a sailor. As the marriage broke up so did the family. Several neighbors of the Williams family testified that Williams and Mosely failed to give their children the love, attention, and discipline they needed, and that Williams was violent and taught his children to be violent. On the issue of defendant’s use of drugs, the defense called Thomas Plaski and David Janowsky, M.D., a professor of psychiatry and a psycho-pharmacologist. Plaski testified he met defendant three or four months before the shooting; he had seen him take LSD and, under its influence, act “hyper”; on the night of the killing he saw him twice, the last time near midnight, and observed him to be “very hyper.” Dr. Janowsky gave expert testimony about drug intoxication and impairment. He stated that under the influence of drugs such as LSD or amphetamines a person could become psychotic. Dr. Thomas Gitchoff, a criminologist, was of the opinion that defendant became a violent person as a result of the violence he had suffered, but that he would be able to conform to the requirements of prison life. I. Guilt Issues Defendant makes a number of contentions relating to the question of guilt. None, as we shall explain, establishes reversible error. A Defendant contends in substance that the police entry into room 28 of the Villa Inn Motel in Las Vegas was unlawful, that this illegality tainted various items of evidence obtained as a result of the entry—including, notably, Finckel’s testimony for the prosecution, the murder weapon, and Lock’s automobile—and that the denial of a motion to suppress that evidence was erroneous and subjected the defense to prejudice. For the reasons given below, we cannot agree that the ruling was error. 1 Before we can properly address defendant’s claim we must present a somewhat detailed summary of the procedural history of the motion to suppress and of the evidence presented at the hearing. Defendant filed a motion under Penal Code section 1538.5, in which Steeg and Finckel joined, seeking to suppress certain evidence discovered by the police in the course of or following 13 alleged searches or seizures executed in Las Vegas, including the murder weapon and Lock’s car. Prominent among defendant’s arguments was that the officers entered room 28 without a warrant and all the evidence sought to be suppressed was obtained as a result of this primary illegality. On the ground that almost all the challenged searches and seizures were made without a warrant, defendant asked the court to adopt the procedure established in Wilder v. Superior Court (1979) 92 Cal.App.3d 90, 96-97 [154 Cal.Rptr. 494]—i.e., the prosecution would first be required to present its justification for the police conduct and he would then respond. The prosecution opposed the motion as contrary to usual procedure, established by law and court rules, under which the moving party has at least the burden of going forward to define the issues. Before the suppression motion was heard, Finckel pleaded guilty to murder in the second degree and agreed to testify against defendant and Steeg. At the opening of the hearing, Judge William Low addressed defense counsel as follows: “[The] Wilder procedure is very, very unsatisfactory, you have to point up what the issues are, and as far as I am concerned, the burden is on you to at least point up what the court is looking for and so I’ll rule that you have the burden. . . . It is very, very unsatisfactory. As far as I am concerned you have the burden.” Judge Low then granted a continuance to allow the defense to prepare more detailed points and authorities. Defendant applied for and obtained a certificate under the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases (Pen. Code, § 1334 et seq.; Nev.Rev.Stats., § 174.395 et seq.) to compel the presence of 10 Las Vegas police officers at the hearing. Subsequently he filed a petition in the Eighth District Court of the State of Nevada, located in Las Vegas, to enforce the certificate. The Nevada court granted the request insofar as five of the officers were concerned and denied it as to the rest. Defendant unsuccessfully sought reconsideration. The continued hearing on the suppression motion was conducted before Judge Sheridan Reed. Evidently as a result of Judge Low’s ruling on the burden of proof, only the defense called witnesses. The witnesses included Finckel and Detective Joseph McGuckin and Officers Robert De Hoedt and John Schultz of the Las Vegas Metropolitan Police Department. The record of that hearing tells the following tale. Apparently on October 1 or 2, 1981, defendant, Steeg, and Finckel arrived in Las Vegas and, after Steeg signed the register, occupied room 28 of the Villa Inn Motel. Mid-morning on October 3, the Las Vegas police received a telephone call from an anonymous tipster, later determined to be Magee. Magee stated that three White men with whom he was not acquainted were staying in room 28 of the Vista Inn Motel; he said he had overheard a conversation among the men, and believed that they were implicated in the murder of a sailor in San Diego, had a small white car that had been stolen, and were trying to sell some guns; he stated that as he was speaking two of the men—both of whom evidently had scraggly beards and wore red bandanas—were in the parking lot changing a tire on the car, and that the third was in the motel room. Officer De Hoedt and his partner, Officer Timothy Burris, received a radio broadcast describing an overheard conversation among three men who were talking about a shooting incident in California. Officer Schultz and his partner, Officer Michael Karstedt, also received a broadcast about an anonymous tip concerning a California murder, a stolen car, and possible disposal of the murder weapon. Detective McGuckin learned of the anonymous telephone call while in his office. These five police officers were dispatched to the Vista Motel. Meanwhile, Magee called a second time. He stated that the two men in the parking lot had just driven off, but he believed the third was still in the motel room; he said the car was similar to a hatchback and bore Florida license plates, and added that the trio had two guns; he admitted he was acquainted with the men, but denied involvement in any crimes; he corrected himself and said the motel in question was the Villa Inn, not the Vista Inn; and he stated his belief that the men used drugs and were “crazy.” When the officers who had gone to the Vista Motel called the police department for additional information, they were told that the tipster had made a mistake and were then directed to proceed to the Villa Inn. As soon as Detective McGuckin and Officer Schultz arrived, they went to the manager’s office and obtained the registration card for room 28. The card bore Steeg’s name and a California address. McGuckin and Schultz soon met the three other officers at the foot of the stairs leading to the second floor, on which room 28 was located. Apparently just before or just after this meeting, one of the officers approached a telephone booth from which Magee was making his second call to the police operator. The officer asked whether he was talking to a policewoman; not wanting to get involved, Magee answered “no” and the officer walked away. The police operator, however, apparently radioed the officers and informed them that the man was indeed the tipster. The officers proceeded up the stairs to room 28. At the door they took up positions and at least three drew their weapons. De Hoedt knocked, “announced that there were police officers present and for the door to be opened.” Finckel opened the door and the officers immediately entered, without a warrant and without consent. Schultz patted Finckel down for weapons and other officers searched Finckel’s immediate area for weapons and the room itself for the other suspects. Finckel was placed on the bed. One of the officers found some ammunition in a dresser drawer, but neither McGuckin nor De Hoedt nor Schultz could remember whether the drawer was open on their arrival and, if not, who opened it. The officers then bolstered their guns. At that time, according to Schultz and McGuckin, Schultz advised Finckel of his rights under Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974]; Finckel, however, denied receiving any advisement. McGuckin then questioned him on matters including the following: his identity; the identity of his companions; what they looked like; where they were; what they were doing; when they would return; whether the car was stolen; and whether he had any information about a killing in California. In response, Finckel stated that his companions were both White males, had very scraggly beards, and wore red bandanas; they were driving someone home and were expected back shortly; and the car was indeed stolen. Detective McGuckin explained to Finckel the purpose of their entry and subsequent actions. “Well, I didn’t go into any great amount of detail. It was a case of ‘We’re here because we’ve got information that there was a murder or a killing that went down in Southern California; that it was overheard that there was persons supposed to be in this room that have weapons and they’re planning to dispose of the weapons.’ ” This was essentially the same explanation—viz., to confirm the tip—that McGuckin also gave to the court: “Basically what it was, we had a certain amount of information that we got from the anonymous phone caller. I was looking for some kind of corroboration from Mr. Finckel as to corroborating this informant, and also, trying to determine in my own mind was he or was he not part of this thing.” Even though Finckel had been forcibly restrained against the wall, searched, apparently given Miranda warnings, and placed on a bed in the small motel room, Detective McGuckin considered Finckel to be merely a witness and not a suspect. Finckel was not handcuffed in the motel room nor was he placed under formal arrest. According to McGuckin, Finckel was not told he was free to leave the motel room because Finckel “never asked.” Finckel testified that on the basis of the officers’ abrupt armed entry he believed he was not free to leave. Officers De Hoedt and Burris left room 28 to set up surveillance of the parking lot and await the return of the two men in the car. As they were leaving the north parking lot area in their patrol car they observed a parked car resembling the vehicle they were looking for. After making a U-tum to investigate, they caught sight of a white compact car with Florida license plates approaching them down an alley. As they passed this car, De Hoedt saw two White males with very scraggly beards and red bandanas. He believed these men matched the description obtained from both Finckel and the tipster. Concluding, in De Hoedt’s words, “it was possibly the suspect vehicle,” De Hoedt and Burris pulled in behind the car and signaled it to stop with their red light. Simultaneously, De Hoedt reported to the dispatcher their action and the license number. After the car stopped, De Hoedt and Burris left their vehicle, De Hoedt armed with a shotgun and Burris with his revolver. Based on information received from Finckel, they believed the occupants of the car possessed firearms and that one gun was in the glove compartment, the other underneath a seat. With Burris providing cover, De Hoedt then approached the vehicle, pointing his shotgun at the car’s occupants. On being ordered out, defendant got out of the passenger’s seat and Steeg slowly emerged from the driver’s seat. The officers instructed each man to put his hands on a rear quarter panel of the car and spread his feet; they then patted each down for weapons and found a knife on Steeg. Thereupon they handcuffed both and gave them Miranda warnings. In plain view, Officer De Hoedt saw a brown leather container, which appeared to him to be a gun case, lying on the floorboard before the driver’s seat. He picked the case up, felt it, concluded it might contain a gun, unzipped it, and found a revolver—which turned out to be the murder weapon. He then placed the case back inside the car on the driver’s seat. Officer Burris received word from the radio dispatcher that a check with the National Crime Information Center revealed the suspect vehicle had been reported stolen from a homicide victim in National City, and relayed this information to De Hoedt. From the stop of the car to the receipt of the information between 10 to 15 minutes had elapsed. As these events were taking place, Detective McGuckin took Finckel from the motel room and placed him in the front seat of his car in preparation for a trip to the police station for further questioning. McGuckin testified that Finckel was not handcuffed and was being treated as a witness. As they drove toward the suspect vehicle, Finckel said, “That’s them. Don’t let them see me.” After McGuckin had been informed of the results of the vehicle stop, he decided that defendant and Steeg should be taken to the police station for booking; De Hoedt and Burris drove them there. While still at the location of the vehicle stop, Detective McGuckin obtained Finckel’s signature on a consent-to-search form covering the motel room. Because of his dyslexia Finckel was unable to read the form, but he signed it after McGuckin read it aloud and explained it to him. Finckel testified that he signed voluntarily because he thought cooperating with the police would be a good idea. He was driven to the police station sitting handcuffed in the back seat. It is unclear whether Finckel signed the form while he sat unrestrained in the front seat or handcuffed in the back. Officers Schultz and Karstedt stationed themselves at the scene of the vehicle stop and secured the car. A police identification specialist soon arrived. Without a warrant, she took photographs of the car and removed the brown leather case and its contents—the murder weapon. She then went to room 28, entered under the authority of Finckel’s consent, and seized a brown plastic bag in which a motel employee had put various items apparently belonging to defendant, Steeg, and Finckel, including four .38-caliber cartridges. Later on October 3, the Las Vegas police notified the National City Police Department of the preceding events. The National City police requested that the motel room and the stolen car be secured; they assigned Captain Wayne Fowler and Sergeant Merrell Davis to the case and dispatched them to Las Vegas. Fowler and Davis drove to Las Vegas, arriving between 6:30 and 7 p.m., and were briefed by Detective McGuckin. From that point on the National City police were in charge of the investigation and the Las Vegas police merely assisted. That night, Captain Fowler and Sergeant Davis interviewed Magee, Cow-en, Finckel, Steeg, and defendant. Magee was questioned first. He was not under arrest and was not given any Miranda warnings. Fowler told him “if [he] felt [Fowler] should advise him of his constitutional rights, that he should tell [Fowler] so because [Fowler] did not know where the conversation was going to lead.” Magee agreed to go back to California for additional questioning after his interview. Cowen was interviewed next. She admitted purchasing a suitcase full of items from defendant, Steeg, and Finckel, and stated that the suitcase was located in room 32 at the Villa Inn. Once she learned this property might be connected with a murder, she agreed to turn it over to the police. Finckel was then interviewed. He had spent the entire day handcuffed to a bar in the interview room, waiting for the National City police to arrive. As he had done with Magee, Captain Fowler prefaced the interview with a statement that if Finckel felt Fowler should advise him of his constitutional rights he should say so. Finckel’s statements were summarized in a search warrant affidavit executed the next day. The body of the affidavit appears in the margin. Captain Fowler then sought to question Steeg. Steeg, however, requested an attorney and invoked his Miranda rights. Fowler then told him there would be an extradition hearing on Monday, October 5, and asked him whether he would waive extradition. Defendant was interviewed last. He had evidently been advised of his Miranda rights by the Las Vegas police, had responded to some questions, but then had declined to give further answers. Informed of the preceding facts, Sergeant Davis asked whether he would waive extradition because any decision on his part would affect the officers’ transportation plans. Defendant answered in the affirmative. On Sunday, October 4, Detective David Hatch of the Las Vegas police was assigned to assist the National City officers in obtaining a search warrant. Using information obtained directly from the National City officers and Detective McGuckin’s arrest report and ultimately in large part from Finckel, Detective Hatch prepared the search warrant affidavit quoted above (ante, fn. 1), and a warrant issued for a search of the motel room and the stolen car. The searches were conducted on the same day and yielded, from the vehicle, what proved to be Beardsley’s .38-caliber revolver, a man’s digital wristwatch, ammunition and other items, and from a garbage container located in room 28, one bullet. During the course of an interview conducted by the National City police, apparently on October 6, Finckel stated that evidence relating to the killing might be found in the backyard of Plaski’s house. The ensuing search of that location revealed a grassy area that appeared to have been burned, two .38-caliber cartridges, a burnt wallet, and pieces of burnt paper that bore the words “Gregory” and “Union.” While the suppression hearing was being conducted, the defense petitioned the Nevada Supreme Court for a writ of mandate in the proceedings to enforce the San Diego Superior Court’s certificate to compel attendance of out-of-state witnesses. Judge Reed denied a defense request for a continuance of the hearing until the Nevada Supreme Court made a decision on the petition, but ruled that “to the extent your petition before the Nevada Supreme Court might alter the testimony or the evidence you would have presented at the 1538.5 hearing had [the] writ in Nevada been completed, this matter I would find, could be reopened for that limited purpose.” After evidence and argument were presented at the hearing, Judge Reed denied the motion to suppress. In so ruling, she made, among others, the following determinations. “With respect to the applicable law, whether California or Nevada law should be applied as to these proceedings, or federal law, ... I find that with respect to the initial entry into room 28, the stop of the automobile and the items which occurred before the arrival and participation of the National City police officers, would be governed by Nevada or federal law, as the case may be. That, to the extent that the National City police officers participated in the affidavit for the search warrant and the execution of the search warrant, that California law would probably control .... “With respect to the initial entry into room 28, there is the standing question as to both Steeg and Williams .... There was, however, a possessory right in each of them to the motel room, and they each would have their own constitutional rights to privacy. ... I will hold . . . that both Mr. Steeg and Mr. Williams have standing on this issue, that is, the initial entry into room 28. “With respect to the initial entry, the finding is that the conduct of the police officers up to the point in time at which they detained Mr. Finckel, was appropriate and reasonable. The officers at the time that they approached room 28 had cause to investigate information relating to a homicide in California. . . . [1J] I find the officers did knock, notified the occupant, if any, that they were police officers, and that it was not unreasonable for their guns to be drawn under the circumstances, having been notified that the probable occupant of the room may have been involved in a homicide, might have been armed, [fl] I find that the conduct relating to Finckel in room 28 before he left that room with the officers amounted to a detention. ... [1f] The testimony here further, to my mind, established that Mr. Finckel felt that he had a choice and exercised that choice to give the officers permission to search; that he spoke to the officers not under compulsion but rather voluntarily .... “And, then, that the stop of that vehicle was appropriate and reasonable. ... [1J] The officers examined, that is, took out of the vehicle and examined a container: a small brown leather bag. ... I find that that was appropriate conduct; that the bag was in plain view. [H] If I haven’t said it before, I do find that the consent of Finckel to search room 28 was freely given.” Defendant and Steeg were then tried separately. After defendant had been convicted and sentenced and after Steeg had been convicted but not yet sentenced, the Nevada Supreme Court granted the petition for writ of mandate and ordered the Eighth Judicial District Court to issue a summons to each of the five police officers who had not previously been compelled to appear. The defense renewed its motion, seeking to suppress Finckel’s testimony as well as the evidence it had specified originally. Despite the prosecution’s expressed doubt that the court had jurisdiction to reconsider the motion, Judge Reed ordered the hearing reopened so that she could receive the testimony of the officers who had not previously appeared. Again only the defense called witnesses. These included Michael Karstedt, who was Officer Schultz’s partner, and Timothy Burris, who was Officer De Hoedt’s partner. In substance, their testimony was not inconsistent with that given at the initial hearing by Detective McGuckin and Officers De Hoedt and Schultz. On a few points, however, it conflicted or provided additional information. Karstedt testified that at the motel manager’s office McGuckin and Schultz obtained the key to room 28; all the officers had their guns drawn when they entered the room; Finckel was handcuffed immediately after the patdown search; Schultz then advised Finckel of his Miranda rights, but Karstedt could not recall whether Schultz or anyone else asked if he was willing to waive his rights and talk to the police; Burris opened the dresser drawer in which the ammunition was found. Burris confirmed that all the officers entered the room with their guns drawn and that he did in fact open the drawer; he stated further that he considered defendant and Steeg under arrest as soon as they were handcuffed. Over defendant’s objection, Karstedt stated on cross-examination that he would have stopped the suspect car even if he had had only the information provided by the tipster. Judge Reed again denied the motion to suppress, stating: “I find that my ruling is unchanged . . . .” She also denied a request by the defense for findings. 2 The substantive law applicable to the case at bench is well settled. The Fourth Amendment to the Constitution of the United States, made applicable to the states by the Fourteenth Amendment (Mapp v. Ohio (1961) 367 U.S. 643, 643-660 [6 L.Ed.2d 1081, 1083-1093, 81 S.Ct. 1684, 84 A.L.R.2d 933]; Wolf v. Colorado (1949) 338 U.S. 25, 27-28 [93 L.Ed. 1782, 1785-1786, 69 S.Ct. 1359]), provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Under the amendment, a warrantless entry by the police into a residence is at least presumptively unreasonable and therefore unlawful. (E.g., Welsh v. Wisconsin (1984) 466 U.S. 740, 748-749 [80 L.Ed.2d 732, 742-743, 104 S.Ct. 2091]; Payton v. New York (1980) 445 U.S. 573, 583-590 [63 L.Ed.2d 639, 648-653, 100 S.Ct. 1371]; Coolidge v. New Hampshire (1971) 403 U.S. 443, 474-475 [29 L.Ed.2d 564, 587-588, 91 S.Ct. 2022]; McDonald v. United States (1948) 335 U.S. 451, 453-456 [93 L.Ed. 153, 157-159, 69 S.Ct. 191]; People v. Ramey (1976) 16 Cal.3d 263, 270-276 [127 Cal.Rptr. 629, 545 P.2d 1333]; People v. Dumas (1973) 9 Cal.3d 871, 882 [109 Cal.Rptr. 304, 512 P.2d 1208].) The rule applies whether the entry is made to search for evidence (e.g., Coolidge v. New Hampshire, supra, 403 U.S. at pp. 453-455 [29 L.Ed.id at pp. 575-576]; McDonald v. United States, supra, 335 U.S. at p.453 [93 L.Ed. at p. 157]; People v. Dumas, supra, 9 Cal.3d at p. 882) or to seize a person (e.g., Welsh v. Wisconsin, supra, 466 U.S. at pp. 748-749 [80 L.Ed.2d at pp. 742-743]; Payton v. New York, supra, 445 U.S. at pp. 583-590 [63 L.Ed.2d at pp. 648-653]; People v. Ramey, supra, 16 Cal.3d at pp. 270-276). It applies no less when, as here, the dwelling entered is a guest room in a hotel or motel. (E.g., Stoner v. California (1964) 376 U.S. 483, 488-490 [11 L.Ed.2d 856, 860-861, 84 S.Ct. 889] [entry to search for evidence]; People v. Dumas, supra, at p. 882, fn. 8 [same]; United States v. Baldacchino (1st Cir. 1985) 762 F.2d 170, 175-176 [entry to seize a person]; United States v. Bulman (11th Cir. 1982) 667 F.2d 1374, 1382-1384, cert. den. 456 U.S. 1010 [73 L.Ed.2d 1307, 102 S.Ct. 2305] [same].) When exigent circumstances are present, however, failure to comply with the warrant requirement is not fatal. (E.g., Welsh v. Wisconsin, supra, 466 U.S. at pp. 749-750 [80 L.Ed.2d at p. 743] [entry to seize a person]; Payton v. New York, supra, 445 U.S. at pp. 585-590 [63 L.Ed.2d at pp. 650-653] [same]; Coolidge v. New Hampshire, supra, 403 U.S. at pp. 474-475, 477-478 [29 L.Ed.2d at pp. 587-590] [entry to search for evidence]; Vale v. Louisiana (1970) 399 U.S. 30, 34 [26 L.Ed.2d 409, 413, 90 S.Ct. 1969] [same]; People v. Ramey, supra, 16 Cal.3d at pp. 270-277 [entry to seize a person]; People v. Dumas, supra, 9 Cal.3d at pp. 881-886 [entry to search for evidence].) It is manifest, however, that “exceptions to the warrant requirement [under the exigent-circumstance rubric] are ‘few in number and carefully delineated’. . . .” (Welsh v. Wisconsin, supra, 466 U.S. at p. 749 [80 L.Ed.2d at p. 743] [entry to seize a person]; accord, Vale v. Louisiana, supra, 399 U.S. at p. 34 [26 L.Ed.2d at p. 413] [entry to search for evidence]; see, e.g., People v. Ramey, supra, 16 Cal.3d at pp. 270-277 [entry to seize a person]; People v. Dumas, supra, 9 Cal.3d at p. 882 [entry to search for evidence].) Only two exceptions are potentially applicable on the facts of the case before us: the hot pursuit of a fleeing felon (United States v. Santana (1976) 427 U.S. 38, 42-43 [49 L.Ed.2d 300, 305-306, 96 S.Ct. 2406]; Warden v. Hayden (1967) 387 U.S. 294, 298-299 [18 L.Ed.2d 782, 787-788, 87 S.Ct. 1642]), and the prevention of the imminent destruction or removal of evidence (Vale v. Louisiana, supra, 399 U.S. at p. 35 [26 L.Ed.2d at p. 414] [dictum]). The United States Supreme Court, however, has made it plain that each of these two exceptions must be narrowly construed. The former requires an “immediate or continuous pursuit of the [felon] from the scene of a crime.” (Welsh v. Wisconsin, supra, 466 U.S. at p. 753 [80 L.Ed.2d at p. 745].) The latter requires that the threatened destruction be imminent. (See Vale v. Louisiana, supra, at p. 35 [26 L.Ed.2d at p. 414]; United States v. Jeffers (1951) 342 U.S. 48, 52 [96 L.Ed. 59, 64-65, 72 S.Ct. 93]; McDonald v. United States, supra, 335 U.S. at pp. 454-455 [93 L.Ed. at pp. 157-158]; Johnson v. United States (1948) 333 U.S. 10, 14-15 [92 L.Ed. 436, 440-441, 68 S.Ct. 367].) Turning from the question of the lawfulness of a warrantless entry into a residence to that of the reasonableness of an investigative stop, we observe that “In Terry [v. Ohio (1968) 392 U.S. 1 [20 L.Ed.2d 889, 88 S.Ct. 1868],] and subsequent cases, [the United States Supreme] Court has held that, consistent with the Fourth Amendment, police may stop persons in the absence of probable cause under limited circumstances.” (United States v. Hensley (1985) 469 U.S. 221, 226 [83 L.Ed.2d 604, 610, 105 S.Ct. 675].) In a factual context similar to the case at bar, the high court has concluded that “if police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion.” (Id. at p. 229 [83 L.Ed.2d at p. 612].) When the police make such a stop, “they [are] authorized to take such steps as [are] reasonably necessary to protect their personal safety and to maintain the status quo during the course of the stop.” (Id. at p. 235 [83 L.Ed.2d at p. 616].) Further, having made the stop, they “[are] entitled to seize evidence revealed in plain view in the course of the lawful stop . . . .” (Ibid.) If the challenged police conduct is shown to be violative of the Fourth Amendment, the exclusionary rule requires that all evidence obtained as a result of such conduct be suppressed. (E.g., Mapp v. Ohio, supra, 367 U.S. at pp. 646-660 [6 L.Ed.2d at pp. 1085-1093]; Silverthorne Lumber Co. v. United States (1920) 251 U.S. 385, 390-392 [64 L.Ed. 319, 321-322, 40 S.Ct. 182, 24 A.L.R. 1426]; Weeks v. United States (1914) 232 U.S. 383, 389-398 [58 L.Ed. 652, 654-658, 34 S.Ct. 341]; People v. Cahan (1955) 44 Cal.2d 434, 445-450 [282 P.2d 905, 50 A.L.R.2d 513].) Such evidence includes not only what was seized in the course of the unlawful conduct itself—the so-called “primary” evidence (e.g., Davis v. Mississippi (1969) 394 U.S. 721, 723-724 [22 L.Ed.2d 676, 679, 89 S.Ct. 1394]; Mapp v. Ohio, supra, 367 U.S. at pp. 646-660 [6 L.Ed.2d at pp. 1085-1093]; Elkins v. United States (1960) 364 U.S. 206, 208-223 [4 L.Ed.2d 1669, 1672-1681, 80 S.Ct. 1437])—but also what was subsequently obtained through the information gained by the police in the course of such conduct—the so-called “derivative” or “secondary” evidence (e.g., Alderman v. United States (1969) 394 U.S. 165, 171 [22 L.Ed.2d 176, 185, 89 S.Ct. 961]; Wong Sun v. United States (1963) 371 U.S. 471, 484-487 [9 L.Ed.2d 441, 453-455, 83 S.Ct. 407]; Nardone v. United States (1939) 308 U.S. 338, 340-341 [84 L.Ed. 307, 311-312, 60 S.Ct. 266]; Silverthorne Lumber Co. v. United States, supra, 251 U.S. at p. 392 [64 L.Ed.2d at pp. 321-322]; see, e.g., People v. Bilderbach (1965) 62 Cal.2d 757, 763 [44 Cal.Rptr. 313, 401 P.2d 921]). Thus, the “fruit of the poisonous tree,” as well as the tree itself, must be excluded. (Nardone v. United States, supra, at p. 341 [84 L.Ed.2d at pp. 311-312].) Once the challenged police conduct is shown to be unlawful, the primary evidence is automatically subject to suppression. (E.g., Davis v. Mississippi, supra, 394 U.S. at pp. 723-724 [22 L.Ed.2d at p. 679]; Mapp v. Ohio, supra, 367 U.S. at pp. 646-660 [6 L.Ed.2d at pp. 1085-1093]; Elkins v. United States, supra, 364 U.S. at pp. 208-223 [4 L.Ed.2d at pp. 1672-1681]; Weeks v. United States, supra, 232 U.S. at pp. 386-398 [58 L.Ed.2d at pp. 653-658].) Secondary evidence, by contrast, is excluded only if it is “tainted” by the unlawful conduct. (E.g., Nardone v. United States, supra, 308 U.S. at p. 341 [84 L.Ed.2d at pp. 311-312]; see, e.g., People v. Stoner (1967) 65 Cal.2d 595, 598 [55 Cal.Rptr. 897, 422 P.2d 585].) The law on the evidentiary burdens to which the parties are subject is as well settled as the applicable substantive law. The defendant bears the burden of showing that the police officers acted unlawfully. (Badillo v. Superior Court (1956) 46 Cal.2d 269, 272 [294 P.2d 23] [warrantless arrest, entry, or search].) When the defendant has shown a warrantless entry, the burden shifts to the prosecution to prove that the entry was nevertheless reasonable. (Ibid.; see, e.g., Welsh v. Wisconsin, supra, 466 U.S. at pp. 749-750 [80 L.Ed.2d at p. 743] [entry to seize a person]; Coolidge v. New Hampshire, supra, 403 U.S. at pp. 474-475 [29 L.Ed.2d at pp. 587-588] [entry to search for evidence]; Vale v. Louisiana, supra, 399 U.S. at p. 34 [26 L.Ed.2d at p. 413] [same]; People v. Ramey, supra, 16 Cal.3d at pp. 270-277 [entry to seize a person]; People v. Dumas, supra, 9 Cal.3d at p. 881 [entry to search for evidence].) The prosecution must show, for example, the presence of exigent circumstances—a burden that is heavy indeed. (Welsh v. Wisconsin, supra, at pp. 749-750 [80 L.Ed.2d at p. 743] [entry to seize a person]; accord, Vale v. Louisiana, supra, at p. 34 [26 L.Ed.2d at p. 413] [entry to search for evidence]; see, e.g., People v. Ramey, supra, at pp. 270-277 [entry to seize a person]; People v. Dumas, supra, at pp. 881-882 [entry to search for evidence].) If the prosecution fails to carry its burden, the defendant need do nothing more to be entitled to suppression of the primary evidence: such evidence, as we have stated, is automatically subject to suppression. As for secondary evidence, the defendant bears the burden of making a prima facie case that such evidence was “tainted” by—i.e., causally linked to—the primary illegality. (E.g., Alderman v. United States, supra, 394 U.S. at p. 183 [22 L.Ed.2d at p. 192]; Nardone v. United States, supra, 308 U.S. at p. 341 [84 L.Ed.2d at pp. 311-312]; People v. Coleman (1975) 13 Cal.3d 867, 890-891, fn. 20 [120 Cal.Rptr. 384, 533 P.2d 1024]; People v. Johnson (1969) 70 Cal.2d 541, 554 [75 Cal.Rptr. 401, 450 P.2d 865, 43 A.L.R.3d 366].) This burden also is heavy. He must show more than that the challenged evidence “would not have come to light but for the illegal actions of the police”; rather, he must establish that it “ ‘has been come at by exploitation of that illegality ....”’ (Wong Sun v. United States, supra, 371 U.S. at p.488 [9 L.Ed.2d at p. 455], italics added.) If the defendant makes this showing, the burden shifts to the prosecution to prove that the taint has been “purged” and hence that the evidence is admissible in spite of the primary illegality. (E.g., Alderman v. United States, supra, 394 U.S. at p. 183 [22 L.Ed.2d at p. 192]; Nardone v. United States, supra, 308 U.S. at p. 341 [84 L.Ed.2d at pp. 311-312]; People v. Coleman, supra, 13 Cal.3d at p. 891, fn. 20; People v. Johnson, supra, 70 Cal.2d at p. 554.) 3 An appellate court’s review of a trial court’s ruling on a motion to suppress is governed by well-settled principles. (People v. Loewen (1983) 35 Cal.3d 117, 123 [196 Cal.Rptr. 846, 672 P.2d 436]; see generally People v. Louis (1986) 42 Cal.3d 969, 984-987 [232 Cal.Rptr. 110, 728 P.2d 180] [discussing standards of review and underlying policies in detail].) In ruling on such a motion, the trial court (1) finds the historical facts, (2) selects the applicable rule of law, and (3) applies the latter to the former to determine whether the rule of law as applied to the established facts is or is not violated. (People v. Louis, supra, 42 Cal.3d at p. 985; see People v. Loewen, supra, 35 Cal.3d at p. 123.) “The [trial] court’s resolution of each of these inquiries is, of course, subject to appellate review.” (People v. Louis, supra, at p. 985; see People v. Loewen, supra, at p. 123.) The court’s resolution of the first inquiry, which involves questions of fact, is reviewed under the deferential substantial-evidence standard. (People v. Loewen, supra, 35 Cal.3d at p. 123; accord, People v. Louis, supra, 42 Cal.3d at p. 985.) Its decision on the second, which is a pure question of law, is scrutinized under the standard of independent review. (People v. Loewen, supra, at p. 123; accord, People v. Louis, supra, at p. 985.) Finally, its ruling on the third, which is a mixed fact-law question that is however predominantly one of law, viz., the reasonableness of the challenged police conduct, is also subject to independent review. (See People v. Loewen, supra, at p. 123 [referring to reasonableness as a “question of law” but impliedly recognizing it to be a mixed fact-law question]; accord, People v. Louis, supra, at pp. 986-987.) The reason is plain: “it is ‘the ultimate responsibility of the appellate court to measure the facts, as found by the trier, against the constitutional standard of reasonableness.’” (People v. Loewen, supra, at p. 123.) 4 Turning to the case at bar, we review the court’s denial of the motion to suppress under the foregoing principles. We conclude, for the reasons given below, that the ruling must be upheld. It was undisputed, and Judge Reed impliedly found, that the officers entered room 28 without a warrant. We accept this finding as supported by substantial evidence. Judge Reed also impliedly found that there were exigent circumstances to justify the warrantless entry. After independent review, we are compelled to reject this determination. First, the record contains no facts that would support the conclusion that the entry was such as to fall within the only two narrow exigent circumstances recognized by the United States Supreme Court and potentially available here—nor does the Attorney General contend otherwise. There are no facts establishing that the entry was made to press an immediate or continuous pursuit of a felon fleeing from the scene of the crime. (Welsh v. Wisconsin, supra, 466 U.S. at p. 753 [80 L.Ed.2d at p. 745].) Nor are there any facts showing the police entered to prevent the imminent destruction or removal of crucial evidence. (See Vale v. Louisiana, supra, 399 U.S. at p. 35 [26 L.Ed.2d at p. 414]; United States v. Jeffers, supra, 342 U.S. at p. 52 [96 L.Ed.2d at pp. 64-65]; McDonald v. United States, supra, 335 U.S. at pp. 454-455 [93 L.Ed.2d at pp. 157-158]; Johnson v. United States, supra, 333 U.S. at pp. 14-15 [994 L.Ed.2d at pp. 440-441]). Just as Finckel could not remove himself from the room without encountering the police, so too he could not remove the gun. Nor, plainly, could he quickly destroy it or cause it to disappear, as though it were a substance that could be dissolved or flushed down the plumbing. Quite the contrary: the record plainly shows that the police were not engaged in a hot pursuit, and had no grounds to believe—and evidently did not believe—that destruction of crucial evidence would imminently take place unless they entered room 28 when and how they did. Second, and perhaps more important, the police made their warrantless entry into room 28, as the record establishes beyond the least dispute, not in response to such an exigency as the destruction of evidence or the escape of a felon or the threat of harm to the officers themselves or to others, and not even in response to what they believed to be such an exigency. Rather, they entered solely and simply to seek corroboration of the tip. As Detective McGuckin candidly testified: “Basically what it was, we had a certain amount of information that we got from the anonymous phone caller. I was looking for some kind of corroboration from Mr. Finckel as to corroborating this informant, and also, trying to determine in my own mind was he or was he not part of this thing.” Whatever demand the situation made on the officers manifestly did not rise to the level of an exigency sufficiently pressing to excuse the violation of a person’s right to privacy in his dwelling. Judge Reed expressly concluded that “the stop of [the] vehicle was appropriate and reasonable,” and that the examination and opening of the gun case was “appropriate conduct . . . .” After independent review, we accept these determinations. First, the record plainly shows that the detailed information supplied by Magee raised in the police “a reasonable suspicion, grounded in specific and articulable facts, that [each of the occupants of the automobile] . . . was involved in or is wanted in connection with a completed felony . . . (United States v. Hensley, supra, 469 U.S. at p. 229 [83 L.Ed.2d at p. 612].) Because the police lawfully obtained information from Magee sufficient to justify the stop and the incidental seizure of car and gun case before they made their unlawful entry into room 28, the stop and seizure were lawful. (United States v. Marchand (2d Cir. 1977) 564 F.2d 983, 1001-1002 (per curiam), cert. den. (1978) 434 U.S. 1015 [54 L.Ed.2d 760, 98 S.Ct. 732] [arrest].) Second, the police were authorized to open the gun case—a step that on the facts here was “reasonably necessary to protect their personal safety and to maintain the status quo during the course of the stop.” (United States v. Hensley, supra, at p. 235 [83 L.Ed.2d at p. 615] [opening of rolled-up jacket, lying on automobile’s front seat, found to contain a handgun].) The warrant authorizing the searches of the car and the motel room was also valid and the evidence seized during those searches—including Beardsley’s .38-caliber revolver, ammunition, the digital wristwatch, and the bullet—was properly ruled admissible. It is the general rule that if probable cause clearly remains after tainted information is excised from the affidavit, a warrant is still valid. (E.g., Grimaldi v. United States (1st Cir. 1979) 606 F.2d 332, 336, cert. den. 444 U.S. 971 [62 L.Ed.2d 386, 100 S.Ct. 465]; cf. Franks v. Delaware (1978) 438 U.S. 154, 155-156, 171-172 [57 L.Ed.2d 667, 672, 682, 98 S.Ct. 2674] [if statements in the affidavit challenged as false are not material to a showing of probable cause, the warrant is valid].) Here—even assuming the narrative furnished by Finckel was tainted—information furnished by Magee and the National City police, which supports probable cause, clearly remains. On the issue whether the officers’ unlawful entry into room 28 tainted the other evidence sought to be suppressed—notably Finckel’s testimony for the prosecution—there is no finding either express or implied. After an independent review of the undisputed facts we conclude that defendant failed to make a prima facie case that the evidence sought to be suppressed was tainted by the unlawful police entry into room 28. We seriously doubt he succeeded even in making the requisite showing that but for the primary illegality the evidence would not have been obtained. Specifically, he introduced scant evidence to show that in the absence of the unlawful entry the police would not have lawfully seized Finckel; indeed, the officers had Finckel’s description, were at his door, and had information sufficient to warrant at least an investigative stop. Moreover, defendant presented little if any evidence to demonstrate that without the unlawful entry Finckel would not have talked to the police or agreed to testify for the prosecution; on the contrary, from the very beginning Finckel voluntarily cooperated with the authorities in the evident hope of receiving better treatment. But even assuming arguendo that defendant did manage to make a prima facie case of “but for” causality, such a showing, as we have observed, is simply not enough. (Wong Sun v. United States, supra, 371 U.S. at p. 488 [9 L.Ed.2d at pp. 455-456].) He simply failed to establish that the challenged evidence “ ‘ha[d] been come at by exploitation of that illegality ....’” (Ibid.) For the foregoing reasons we conclude that the denial of defendant’s motion to suppress was not error. B Defendant contends as follows; Sergeant Davis violated his rights under Miranda v. Arizona, supra, 384 U.S. 436, when, knowing he had earlier invoked his right to remain silent, he asked whether he would waive extradition; this action rendered his subsequent formal waiver involuntary; and hence all charges against him should be dismissed or at least the statements he allegedly made to the two jailhouse informants should be suppressed. He is unpersuasive. First, we doubt that Davis’s question may properly be characterized as “interrogation.” The inquiry merely sought information that would allow the National City officers to make their travel plans. It certainly does not amount to “express questioning” or to “words . . . that the police should know are reasonably likely to elicit an incriminating response from the suspect.” (Rhode Island v. Innis (1980) 446 U.S. 291, 301, fn. omitted [64 L.Ed.2d 297, 308, 100 S.Ct. 1682].) And in fact it elicited no such response. Second, we fail to see how Davis’s question rendered defendant’s subsequent waiver involuntary. At the extradition hearing the court made sure defendant had read the extradition petition and knew of the California charges. To its question, “And I am told you wish to waive extradition today and go back to California voluntarily; is that correct?” defendant answered, “Yes.” The court then informed him that by so doing he would waive his right to obtain an attorney in Las Vegas at his own expense, his right to a formal governor’s warrant, and his right to petition for a wiit of habeas corpus to test the legality of his confinement in Las Vegas. Defendant stated he understood those rights and then signed a formal waiver of extradition. Finally,