Complaint #200714219,
September 27, 2007

Officer: Guimaraes, Fernando
Complainant: Asian Male, 19
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Guimaraes, Fernando
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Santiago, Miguel
Complainant: Asian Male, 19
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Santiago, Miguel
Complainant: Asian Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Santiago, Miguel
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Asian Male, 18-20
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Guimaraes, Fernando Asian Male, 19 Abuse of Authority: Question Exonerated
Guimaraes, Fernando Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Santiago, Miguel Asian Male, 19 Abuse of Authority: Search (of person) Unsubstantiated
Santiago, Miguel Asian Male, 19 Abuse of Authority: Frisk Substantiated (Charges)
Santiago, Miguel Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Asian Male, 18-20 Abuse of Authority: Search (of person) Officer(s) Unidentified
Unknown Officer Abuse of Authority: Premises entered and/or searched 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Penalties

Santiago, Miguel
Instructions

Guimaraes, Fernando
No Disciplinary Action-DUP
No penalty

Summary

On September 27, 2007, at approximately 1:00 PM, [redacted] left his home, which is located at [redacted] in the Bronx. [redacted] walked to a Chinese food restaurant on [redacted] ordered take-out and then left the restaurant. At this time, PO Michael Cuadra and PO Nicolas Dipardo of the 43rd Precinct SNEU team were parked outside of the Chinese food restaurant. PO Cuadra observed [redacted] smoking what he believed to be marijuana and placed this observation over the radio to Lt. Fernando Guimaraes and PO Miguel Santiago, who responded to the vicinty. [redacted] walked back to [redacted] and was about to enter his house. PO Cuadra placed a description of [redacted] and his location ([redacted]) over the radio. [redacted] then entered [redacted] and Lt. Guimaraes, PO Santiago, and an unidentified male officer in uniform, PO1, approached the house. [redacted] alleged that he went upstairs to put his food in his book bag and he heard someone say aloud "hello." [redacted] exited his room and allegedly saw Lt. Guimaraes, PO Santiago, and PO1 standing on the stairs inside of his house (Allegations B and C). [redacted] exited his house with the officers and he alleged that the officers questioned him (Allegation A). PO Santiago then frisked [redacted] (Allegation D) and allegedly searched his pockets (Allegation E). PO1 or PO Santiago then allegedly searched a pair of gloves that [redacted] was wearing (Allegation F). At this point, the officers had determined that [redacted] had gotten take-out food from a Chinese food restaurant. Lt. Guimaraes entered [redacted] and walked into a bedroom adjacent to the living room and felt a bag with Chinese food in it (Allegation G). The bag was still warm so Lt. Guimaraes exited the apartment. Lt. Guimaraes, PO Santiago, and PO1 left. [redacted] Read report for details.


Details

Incident: September 27, 2007
Closed: February 20, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Apartment/house
In NYPD 43rd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Michael Cuadra, Nicolas Dipardo