The U.S. Supreme Court has held that jeopardy attaches to a case during a jury trial when the jury is empanelled and has began hearing witness testimony (in other words it applies the instant the first witness is sworn in). As the motion to suppress the evidence Lupo obtained from the Sheriff's Deputy was made, and ruled on, in a pre-trial motion double jeopardy would not apply. The state would be free to refile murder charges against the defendant at a later date if new evidence is discovered, assuming the new evidence is discovered from a line of investigation that does not rely on the evidence suppressed in this motion.
At the site of Winston's second arrest, the judge confirms that the arrest warrant was "signed by the state Supreme Court." In New York, the highest court is the Court of Appeals. "Supreme Court" in New York refers to trial court for felony matters - the court typically seen on "Law & Order."
Lupo asks Winston where he was Wednesday night, and Winston says he was at home Tuesday night.