Complaint #200710147,
July 12, 2007

Officer: Lupo, Frank
Complainant: Black Male, 43
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Lupo, Frank
Complainant: Black Male, 43
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, Manuel
Complainant: Black Male, 43
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Sepulveda, Manuel
Complainant: Black Male, 43
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Lupo, Frank
Complainant: Black Male, 43
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Lupo, Frank Black Male, 43 Abuse of Authority: Vehicle stop Unsubstantiated
Lupo, Frank Black Male, 43 Abuse of Authority: Search (of person) Unsubstantiated
Sepulveda, Manuel Black Male, 43 Abuse of Authority: Vehicle search Unsubstantiated
Sepulveda, Manuel Black Male, 43 Abuse of Authority: Vehicle stop Unsubstantiated
Lupo, Frank Black Male, 43 Abuse of Authority: Frisk 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 12, 2007, at approximately 11:00pm, [redacted] was driving his black Ford Explorer home when he was stopped by two uniformed officers in front of [redacted] in Staten Island. The officers were in an unmarked van and identified via investigation as PO Manuel Sepulveda and PO Frank Lupo. [redacted] provided his license and registration upon request and questioned why he was stopped, but the officers did not respond. PO Lupo asked [redacted] about another license that he observed in [redacted]'s glove compartment. [redacted] responded that the license in the glove compartment was an older license that he had replaced. PO Lupo then told [redacted] that he observed him speed past his patrol car. [redacted] refuted PO Lupo and stated that he was driving behind a slow moving vehicle and was not speeding. PO Lupo reviewed [redacted]'s license and then asked him to turn off the car, exit the vehicle and walk towards the back of the vehicle.
[redacted] walked towards the back of the vehicle and saw PO Sepulveda searching his vehicle. Initially, [redacted] could not specify where PO Sepulveda searched given that he was told not to turn around. But later, stated that he could see PO Sepulveda open the glove compartment. PO Lupo told [redacted] that he received a call for a person matching [redacted]'s physical description and vehicle speeding past a sergeant's vehicle. PO Lupo then instructed [redacted] to turn around and place his hands against his vehicle. PO Lupo frisked and searched [redacted]'s front and back pockets. [redacted] had some change, a cell phone battery and some paper in his pockets. [redacted] questioned if the officers were going to arrest him and then informed the officers that he intended on filing a complaint. [redacted] requested permission to enter his vehicle to retrieve a pen and paper. [redacted] told PO Lupo that he better file a report. PO Lupo told [redacted] not to threaten the officers, to which [redacted] responded that it was not a threat. The officers then entered the information... Read report for details.


Details

Incident: July 12, 2007
Received: July 16, 2007
Closed: May 2, 2008

Reason for contact: Moving violation
Location: Street/highway
In NYPD 120th Precinct Staten Island
Outcome: No arrest made or summons issued

Witness Officers: Edwin Leschack, Robert Zaugg