Justice Charles Lopresto
Defendants were charged with criminal possession of a weapon and a Mapp hearing was held to decide if physical evidence should be suppressed. Officers received a radio transmission of a 911 call that a man was shot and a brown or gray minivan with a flat tire was seen fleeing the area. Yet, no description of the passengers of the vehicle’s plates was given. Police observed a gray Astro van that was nearly 25 blocks from the shooting, and stopped it. Upon approaching the vehicle with guns drawn, police saw three spent blue shell casings on the dashboard. They also observed two individuals in the back, and discovered a 9 millimeter pistol. Defendants argued that as a result of a lack of reasonable suspicion to stop the van, and resulting unlawful arrest, all evidence from it must be suppressed. The court agreed finding the testimony of officer Johnson could not be credited as it was confusing and self-contradictory at times. Also, based on the generalized description of the vehicle, no description of the passengers, and the remoteness in time and location from the scene of the shooting, prosecutors failed to show the stop of the van was founded upon reasonable suspicion, thus unjustified. Hence, suppression was granted.