Complaint #200407662,
August 6, 2004

Officer: Murphy, James
Complainant: Black Male, 24
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer: Murphy, James
Complainant: Black Male, 24
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Martinez, Robert
Complainant: Black Male, 27
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 27
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Martinez, Robert
Complainant: Black Male, 27
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Martinez, Robert
Complainant: Black Male, 27
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Murphy, James Black Male, 24 Abuse of Authority: Frisk and/or search Unsubstantiated
Murphy, James Black Male, 24 Abuse of Authority: Question and/or stop Exonerated
Martinez, Robert Black Male, 27 Abuse of Authority: Frisk and/or search Unsubstantiated
Martinez, Robert Black Male, 27 Abuse of Authority: Question and/or stop Exonerated
Martinez, Robert Black Male, 27 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Martinez, Robert Black Male, 27 Abuse of Authority: Other 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.
'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

On August 6, 2004 at approximately 2:56 AM, [redacted] and [redacted] were allegedly riding their bicycles in the street on Flatbush Avenue, Brooklyn when they were stopped by Officer Robert Martinez and Officer James Murphy on Flatbush Avenue and Avenue J because they fit the descriptions of burglary suspects. (Allegations A and B) [redacted] and [redacted] were asked where they were coming from and where they were going and for identification. Officer Martinez searched [redacted] as Officer Murphy frisked [redacted] (Allegations C and D) [redacted] was wearing a backpack and Officer Martinez asked him what was in his backpack. [redacted] handed his backpack to Officer Martinez and it was searched. Officer Martinez called for back up and a few minutes later two marked patrol cars responded to the scene. [redacted] and [redacted] were asked to face front and a show-up was conducted. Immediately after the show-up, Officer Martinez told [redacted] and [redacted] that they were under arrest. (Allegation E) [redacted] and [redacted] were transported to the 63rd Precinct stationhouse and held in a holding cell for an hour and a half. While being held in the cell, [redacted] informed Officer Martinez several times that he needed to take his medication. Officer Martinez asked [redacted] to give him a few minutes. [redacted] never received medical treatment. (Allegation F) [redacted] and [redacted] were released with summonses [redacted].
[redacted] Read report for details.


Details

Incident: August 6, 2004
Received: August 9, 2004
Closed: June 16, 2005

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 63rd Precinct Brooklyn
Outcome: Summons - other violation/crime

Witness Officers: Delens Cadichon, Olatutukrystal Erinosho