Complaint #200803643,
March 6, 2008

Officer: Eiler, Robert
Complainant: Hispanic Female, 57
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Eiler, Robert
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Moreno, Juan
Complainant: Black Male, 44
Allegation: Force: Pepper spray
CCRB Conclusion: Unfounded
Officer: Eiler, Robert
Complainant: Black Male, 44
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer: Eiler, Robert
Complainant: Black Male, 44
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Eiler, Robert Hispanic Female, 57 Force: Physical force Alleged Victim Uncooperative
Eiler, Robert Abuse of Authority: Premises entered and/or searched Unsubstantiated
Moreno, Juan Black Male, 44 Force: Pepper spray Unfounded
Eiler, Robert Black Male, 44 Force: Physical force Unfounded
Unknown Officer Black Male, 40-44 Force: Other Unfounded
Eiler, Robert Black Male, 44 Abuse of Authority: Seizure of property Unfounded

Conclusion Meanings:

'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

At approximately 10:30 a.m. on March 6, 2008, [redacted] was at his girlfriend [redacted] s apartment. [redacted] lives on the [redacted] floor of [redacted] and [redacted] were cleaning the apartment, and no one else was with them inside [redacted] Two police officers knocked on the door, stating that they were looking for a person named [redacted] These officers were later identified by their shields as PO Juan Moreno and PO Byron Polanco. As he was looking through the peephole in the door, [redacted] told the officers that there was no one named [redacted] at that location. The officers asked him to open the door, stating they had received a report of a dispute. [redacted] told the officers to stop harassing them, and when they had not left the hallway after five minutes, [redacted] called 911 and asked to speak to IAB. He spoke with Det. Falcon, who informed [redacted] that if there was no [redacted] at that location, he did not need to open the door. [redacted] hung up, and the officers continued to knock on the door and request that [redacted] open it.
After a few minutes had passed, [redacted] called IAB a second time and spoke with Det. Falcon again. Det. Falcon asked [redacted] if there was anyone named [redacted] that lived at that address.
[redacted] said that [redacted] has a son named [redacted] but that he did not live at [redacted] and he and [redacted] had not seen [redacted] in a long time. A third officer, identified by his shield as Sgt. Robert Eiler, arrived at the scene and insisted that [redacted] open the door. Over the phone, Det. Falcon told [redacted] that since there was a supervising officer at the scene, he could open the door, although he did not need to let the officers into his apartment. At this time, [redacted] s other son, [redacted] had arrived in the hallway and was standing outside the door, asking [redacted] to let him inside. [redacted] refused to provide [redacted] s first name or any contact information for him. He stated that [redacted] does not live with [redacted]... Read report for details.


Details

Incident: March 6, 2008
Received: March 12, 2008
Closed: December 15, 2008

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 34th Precinct Manhattan
Outcome: Arrest - OGA

Witness Officers: Kevin Colon, Byron Polanco