Complaint #200007276,
October 19, 2000

Officer: Nunez, Osvaldo
Complainant: Black Male, 23
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Black Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Nunez, Osvaldo
Complainant: Black Male, 23
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Hoffman, John
Complainant: Black Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Hoffman, John
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Hoffman, John
Complainant: Black Male, 23
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Hoffman, John
Complainant: Black Male, 23
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Hoffman, John
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Nunez, Osvaldo Black Male, 23 Abuse of Authority: Vehicle search Unsubstantiated
Nunez, Osvaldo Black Male, 23 Discourtesy: Word Unsubstantiated
Nunez, Osvaldo Black Male, 23 Abuse of Authority: Frisk and/or search Unsubstantiated
Nunez, Osvaldo Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unfounded
Nunez, Osvaldo Black Male, 23 Abuse of Authority: Vehicle stop Exonerated
Hoffman, John Black Male, 23 Discourtesy: Word Unsubstantiated
Hoffman, John Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unfounded
Hoffman, John Black Male, 23 Abuse of Authority: Vehicle search Unsubstantiated
Hoffman, John Black Male, 23 Abuse of Authority: Vehicle stop Exonerated
Hoffman, John Black Male, 23 Abuse of Authority: Frisk and/or search Exonerated
Nunez, Osvaldo Black Male, 23 Force: Physical force Unsubstantiated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

Complainant [redacted] a [redacted] filed a civilian complaint report (enc. 3) fifteen minutes after two police officers, subsequently identified as PO Osvaldo Nunez and PO John Hoffman, stopped him and his friend, [redacted] for stopping their vehicle a rental auto with Virginia plates - "in a crosswalk." (Allegations A & B). [redacted] and [redacted] both [redacted] old black males were driving a rental auto with Virginia plates in the vicinity of West 139th Street and Broadway; it was 10/19/00, a Thursday, and the time was about 10:00 PM. [redacted] alleged that the officers asked them if they had drugs or weapons in their vehicle, and ordered him and [redacted] to exit the vehicle because it did not matter "who the fuck" [redacted] was (Allegations C & D). The officers allegedly pulled the men, who were in no way "disorderly" or "rude," from the vehicle (Allegation G), frisked them (Allegations E & H), searched their vehicle (Allegations F & I), and refused to provide their names and shield numbers (Allegations J & K). [In their interviews, summarized below, [redacted] clarified that PO Hoffman guided him out of the vehicle, but [redacted] alleged that PO Nunez pulled him out. Allegation (G), then, is against PO Nunez for force against [redacted] The civilians also later alleged that the officers searched them after frisking them. The searches are analyzed with the frisk allegations (E) and (H).]
Complainant [redacted] who provided a statement to the CCRB on 11/13/00 (enc. 5), and answered follow-up questions on 3/12/01 (enc. 5 & 18), explained that [redacted] had rented and was driving the recent-model white Dodge Intrepid in which they rode. A car was rented because [redacted] did not have a vehicle and [redacted] did not want to take his car on the trip. The men left Maryland at 3:00 or 4:00 PM. They were trying to get to Delancey Street to shop for leather coats, "like we always do," [redacted] explained. They were lost and were traveling on Broadway in order to find a way back... Read report for details.


Details

Incident: October 19, 2000
Received: October 20, 2000
Closed: July 27, 2001

Reason for contact: Moving violation
Location: Street/highway
In NYPD 30th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Thomas Barrett, Scot Rosenthal