Complaint #200713671,
September 18, 2007

Officer: Klein, Robert
Complainant: Hispanic Male, 28
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Klein, Robert
Complainant: Hispanic Male, 63
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Jonathan
Complainant: Hispanic Male, 28
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unfounded
Officer: Rivera, Jonathan
Complainant: Hispanic Male, 28
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Mullen, Brian
Complainant: Hispanic Male, 28
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Rivera, Jonathan
Complainant: Hispanic Male, 28
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Klein, Robert
Complainant: Hispanic Male, 28
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Flashlight as club
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Female, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Complainant Uncooperative
Officer Complainant Allegation CCRB Conclusion
Klein, Robert Hispanic Male, 28 Abuse of Authority: Vehicle search Exonerated
Klein, Robert Hispanic Male, 63 Abuse of Authority: Search (of person) Unsubstantiated
Rivera, Jonathan Hispanic Male, 28 Abuse of Authority: Vehicle search Unfounded
Rivera, Jonathan Hispanic Male, 28 Abuse of Authority: Search (of person) Unsubstantiated
Mullen, Brian Hispanic Male, 28 Abuse of Authority: Vehicle search Exonerated
Rivera, Jonathan Hispanic Male, 28 Force: Pepper spray Exonerated
Klein, Robert Hispanic Male, 28 Force: Chokehold Unsubstantiated
Unknown Officer Hispanic Male, 25-29 Force: Flashlight as club Officer(s) Unidentified
Unknown Officer Hispanic Male, 25-29 Force: Physical force Exonerated
Unknown Officer Hispanic Female, 40-44 Discourtesy: Word Complainant Uncooperative

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 September 18, 2007, at approximately 1:30pm [redacted]'s friend, [redacted] picked up [redacted] in a green Ford Windstar mini-van, at his grandmother's house located at [redacted] in the Bronx. [redacted] picked up [redacted] so he could drive [redacted] to his drug treatment program on 149th Street, across the street from [redacted]. At 166th Street and Morris Avenue, [redacted] and [redacted] were pulled over by two male police officers in a marked police car. The officers got out of the police car and one officer, identified by [redacted] as PO Klein (who provided his name to [redacted] during the incident), approached the driver side of [redacted]'s van and the other officer (PO1-identified by the investigation as PO Rivera) approached the passenger side. PO Klein asked [redacted] for his license and registration and then instructed [redacted] to get out of the van and PO Rivera instructed [redacted] to do the same. [redacted] and [redacted] complied immediately and got out of the van. [redacted] and [redacted] remained at their respective sides of the van at this point. [redacted] asked PO Rivera if he could make a phone call and PO Rivera granted him permission. [redacted] called his aunt, [redacted] and informed her of what was happening. PO Rivera then instructed [redacted] to face the van, place his hands onto it and spread his legs. PO1 then frisked the outside of [redacted]'s shirt and jeans as well as his genital area. PO Rivera then reached inside [redacted]'s front and back pants pockets and removed $1000 cash and a cigarette lighter. At this point nothing illegal was found on [redacted]'s person and PO Rivera informed PO Klein that [redacted] was "clean."
PO Rivera then walked around the van to the driver side and assisted PO Klein with [redacted]. [redacted] stated that [redacted] was searched as well but he did not see what happened because he was on the opposite side of the van. [redacted] heard PO Klein ask [redacted] "What's your name? What are you doing? Did you know that your tail... Read report for details.


Details

Incident: September 18, 2007
Received: September 20, 2007
Closed: April 14, 2009

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Brian Kennedy, Anthony Russo