Complaint #200615469,
November 19, 2006

Officer: Alba, Alfredo
Complainant: Black Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Alba, Alfredo
Complainant: Black Male, 36
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Alba, Alfredo
Complainant: Black Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Alba, Alfredo
Complainant: Black Male, 36
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Alba, Alfredo Black Male, 36 Abuse of Authority: Search (of person) Unsubstantiated
Alba, Alfredo Black Male, 36 Abuse of Authority: Question Exonerated
Alba, Alfredo Black Male, 36 Abuse of Authority: Frisk Exonerated
Alba, Alfredo Black Male, 36 Abuse of Authority: Retaliatory summons Substantiated (Charges)

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Alba, Alfredo
Command Discipline - A

Summary

On November 19, 2006, at approximately 12:35 AM, [redacted] left the apartment of a friend named [redacted] at [redacted] [redacted] intended to return to his apartment at [redacted], which was around the corner. [redacted] passed two Hispanic teens, whom he did not recognize, standing outside of 1239 Franklin Avenue. [redacted] did not say anything to these males. There were no other pedestrians in the area.
As [redacted] continued walking down Franklin Avenue, he became aware of the sound of slowing motors. He turned to look behind him and saw a marked police car, driving slightly behind him, following him from the other side of the street. As [redacted] turned his head, he caught the driver's eye. The driver was identified through the investigation as PO Alba. PO Alba was a Hispanic male, with dark hair, in his 20s or 30s. [redacted] stood approximately 50 feet from the entrance of [redacted] Hospital when the officers pulled over. PO Alba called out, "Where you coming from?" [redacted] told the officer that he was coming from a friend's house. In the e-mail he indicated that the officer asked him for a specific address but he could not provide one. In [redacted] in person and telephone interviews, he said that PO Alba also asked him if he had come from, "that building," meaning 1239 Franklin Avenue. Later in [redacted] interview, he said that PO Alba also asked him for the address of the friend's building, which he did not know. When the officer asked him for identification, he produced his driver's license.
PO Alba and his partner, identified by the investigation as PO Dolan, stepped out of the patrol car. PO Dolan was a short white male. In the e-mail [redacted] indicated PO Alba searched his pockets. In the telephone interview [redacted] stated the officer first frisked him and again asked where he was coming from. [redacted] did not know the exact address. PO Alba then searched his pockets where he accidentally dipped his finger into an open container of Vaseline. This made the officer so angry that he... Read report for details.


Details

Incident: November 19, 2006
Closed: December 28, 2007

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Joseph Dolan