Judge Matthew Sciarrino Jr.
Osorio was charged with criminal possession of a weapon, and a Dunaway/Huntley/Mapp hearing was held. Osorio moved to suppress a firearm discovered on her person, and statements made to police. Officers received a radio run of six shots fired and a description of the perpetrator was providedmale wearing a black jacket and jeans accompanied by a female. After canvasing the area for only four minutes, an officer noticed a male fitting the description walking with a female two blocks from where the shots were fired. Yet, Officer Colorado testified that he did not see his partner actually pat down Osorio, noting he was focused on the male individual, from whom nothing was recovered. The court found there was reasonable suspicion to stop the male individual, but stated police had no reasonable suspicion to stop Osorio. Also, the court stated prosecutors did not elicit testimony from the officer who stopped Osorio, finding Colorado had no firsthand knowledge about the interactions of Osorio and his partner. The court ruled prosecutors failed to meet their burden of showing the firearm was lawfully recovered, granting Osorio’s motion to suppress.
