Complaint #200701090,
January 19, 2007

Officer: Omalley, Megan
Complainant: Black Male, 22
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Avila, Frank
Complainant: Black Male, 22
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Avila, Frank
Complainant: Black Male, 17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Omalley, Megan
Complainant: Black Male, 22
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Omalley, Megan Black Male, 22 Abuse of Authority: Question and/or stop Exonerated
Avila, Frank Black Male, 22 Abuse of Authority: Question and/or stop Exonerated
Avila, Frank Black Male, 17 Abuse of Authority: Search (of person) Exonerated
Omalley, Megan Black Male, 22 Abuse of Authority: Search (of person) 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.

Further details on conclusions.


Summary

On January 19, 2007, at approximately 2:30 PM, [redacted] was walking with his church friend, [redacted]. He was on his way home and he had run into [redacted] as he was walking towards the bus stop. He was walking towards the B41 bus stop at Flatbush Avenue and Foster Avenue. [redacted] on his way to work. They were walking towards Flatbush on Foster. As they crossed Flatbush, an unmarked tan SUV or small truck carrying two plainclothes detectives made a right turn onto Flatbush Avenue from Foster and stopped at the bus stop. There were no lights or sirens. A tall blonde female and a heavy Hispanic male officer exited the vehicle and approached [redacted] asked what was the matter and the female officer said that they had observed [redacted] passing something to [redacted] said that he did not pass anything to [redacted] and that [redacted] did not pass anything to him.
[redacted] originally stated that he did not know [redacted] said this because he was afraid.
[redacted] was searched by the female officer: she looked in his bag and went into his pockets from where she removed keys and a walkman. [redacted] was searched by the Hispanic officer. [redacted] stated that he told the female officer that he did not have anything on him. They were both placed in handcuffs. [redacted] stated that he found out that [redacted] was holding a small "clip" of marijuana at the time - he saw it when the male officer took it out of his hand and was not aware of it before that point. S said that a "clip" meant a small amount of marijuana. [redacted] was within three feet of throughout the incident. They were taken away in a small unmarked van. Read report for details.


Details

Incident: January 19, 2007
Received: January 23, 2007
Closed: July 17, 2007

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 70th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Osvaldo Rosado