| Officer: | Mcginn, Brian |
|---|---|
| Allegation: | Abuse of Authority: Threat to notify ACS |
| CCRB Conclusion: | Exonerated |
| Officer: | Mcginn, Brian |
| Allegation: | Abuse of Authority: Premises entered and/or searched |
| CCRB Investigator Recommendation: | Exonerated |
| CCRB Board Conclusion: | Unsubstantiated |
| Officer | Allegation | CCRB Board Conclusion | |
|---|---|---|---|
| Mcginn, Brian | Abuse of Authority: Threat to notify ACS | Exonerated | |
| Mcginn, Brian | Abuse of Authority: Premises entered and/or searched | Unsubstantiated | |
| CCRB Investigator Recommendation: Exonerated | |||
Further details on conclusions.
In his interview on August 1, 2003 (enc. 5A-D), [redacted] stated that on May 6, 2003 at approximately 9:30 AM, he was washing dishes in his kitchen. His wife, [redacted] was in the bedroom, feeding their baby, who was a few months old. Suddenly, plainclothes officers forcefully opened the door and entered the apartment with their guns drawn. [redacted] recognized the officer supervising the warrant execution, an older-looking white male (Lieutenant McGinn), as the same officer who had supervised the November 19, 2002 warrant execution. While most of the officers were the same ones who had entered his apartment in November, a couple were different. [redacted] was placed against the wall of his kitchen, handcuffed, and then brought into the living room, where he was told to lie on the floor. [redacted] could not describe the officer who handcuffed him. [redacted] s wife was allowed to remain in the bedroom, where the officers asked her questions about guns.
The officers stated that they had a search warrant from the supreme court because they had been informed that [redacted] was selling guns. Again, they searched the apartment, but not as thoroughly as they had in November. This time, no dogs were brought into the apartment; the officers simply looked inside drawers and in the baby's crib. During the search, Lieutenant McGinn stated that, if the officers found any guns, he would advise BCW to remove [redacted] s baby from his home. [redacted] stated that the officers did not make any other threats. Although they found no contraband in the apartment itself, when the officers searched [redacted] s pocket, they found "some weed." Again, [redacted] was arrested for [redacted] and brought to the 70th precinct. His wife was not arrested.
[redacted] was asked to explain the long interval between the incident dates and the date he made his complaint. He stated that he had waited to report the incidents for some time because he did not wish for the investigation to commence until he was ready to move out of the 70th...
Read report for details.