Complaint #200509697,
August 17, 2005

Officer: Finegan, Kevin
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Finegan, Kevin
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Rivera, Damian
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Damian
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Damian
Complainant: Hispanic Male, 48
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Damian
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Rivera, Damian
Complainant: Hispanic Male, 48
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Finegan, Kevin Hispanic Male, 48 Abuse of Authority: Search (of person) Exonerated
Finegan, Kevin Hispanic Male, 48 Abuse of Authority: Question and/or stop Exonerated
Rivera, Damian Hispanic Male, 48 Abuse of Authority: Property damaged Unsubstantiated
Rivera, Damian Hispanic Male, 48 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rivera, Damian Hispanic Male, 48 Discourtesy: Word Unsubstantiated
Rivera, Damian Hispanic Male, 48 Abuse of Authority: Question and/or stop Exonerated
Rivera, Damian Hispanic Male, 48 Abuse of Authority: Seizure of property 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

[redacted] is a [redacted]-old Hispanic male [redacted]. On August 17, 2005, [redacted] was doing some work for a neighbor. [redacted] was wearing a tool belt around his waist upon which were attached a number of tools, including a knife approximately five inches in length, which he used to cut rope. The knife was inside a thick black leather sheath and was fastened to the side of the tool belt on [redacted]'s right side. [redacted] also carried another knife in a similar sheath. [redacted] stated that the second knife was not attached to the belt, but was instead stuck through the tool belt in the front. At approximately 3:30 PM, [redacted] decided to go to a store on the southwest corner of Randall Avenue and Commonwealth Avenue to buy a drink.
After buying his drink, [redacted] emerged from the store and began to talk to two men that he recognized, patients at the methadone clinic that [redacted] attends. While [redacted] talked to the two men, he noticed a small clear plastic "glassine" bag on the ground. [redacted] picked the bag up and placed it into his right front pocket because he did not know what was in it and was curious. As he did so, he observed a black Chevy Impala driving westbound on Randall Avenue towards the corner. There were two male officers in plainclothes in the car: a white driver (later identified as Officer Kevin Finegan) and a Hispanic passenger (later identified as Officer Damian Rivera). [redacted] recognized the men as police officers that worked in the neighborhood. The officers stopped the car and Officer Finegan exited the car first and approached [redacted]. Officer Finegan walked up to [redacted] facing him, and placed his left hand into [redacted]'s right pocket. Officer Finegan did not say anything to [redacted]. [redacted] attempted to remove Officer Finegan's hand from his pocket, and Officer Finegan pulled out the plastic bag and some change. [redacted] told Officer Finegan, "Yo, I just found that." He told the officers that he had not done anything wrong and asked them... Read report for details.


Details

Incident: August 17, 2005
Received: August 22, 2005
Closed: January 24, 2006

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 43rd Precinct Bronx
Outcome: Arrest - disorderly conduct

Witness Officers: John Rodriguez