Complaint #200508686,
July 28, 2005

Officer: Query, Brian
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Query, Brian
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Arroyo, Julio
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Alleged Victim Unavailable
Officer: Arroyo, Julio
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Query, Brian Hispanic Male, 19 Abuse of Authority: Strip-searched Unsubstantiated
Query, Brian Hispanic Male, 19 Abuse of Authority: Question and/or stop Exonerated
Arroyo, Julio Abuse of Authority: Strip-searched Alleged Victim Unavailable
Arroyo, Julio Abuse of Authority: Question and/or stop Exonerated

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 July 28, 2005, in the vicinity of 140th Street and Willis Avenue in the Bronx, [redacted] and [redacted] were standing proximate to a public housing building with a group of friends. PO Brian Query and PO Julio Arroyo approached them and ordered them to disperse (allegations A and B) because they were blocking pedestrian traffic. [redacted] and [redacted] refused to leave the area and [redacted] was ultimately arrested for [redacted]. He stated that [redacted] was arrested at this time as well, however, there is no paperwork available that would confirm that [redacted] was arrested and PO Arroyo maintained that he had no recollection of placing [redacted] under arrest. While at the 40th Precinct, [redacted] alleged that he and his brother were strip searched in a stationhouse bathroom (allegations C and D). [redacted] was transported to Bronx central booking and he stated that [redacted] was released within minutes after he was strip-searched.
[redacted] stated that he and approximately 15 other individuals were standing near a public housing building when PO Arroyo and PO Query approached and informed them that could not remain gathered in the area due to the fact that they were obstructing pedestrian traffic.
PO Query denied that he strip-searched [redacted] in the 40th Precinct. He stated that the charges [redacted] would not warrant a strip search. There is no notation in either PO Query's memobook or the 40th Precinct command log that [redacted] was strip-searched. PO Arroyo also denied that [redacted] was strip-searched at the 40th Precinct. Read report for details.


Details

Incident: July 28, 2005
Received: July 29, 2005
Closed: July 13, 2006

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime