Complaint #200808781,
June 18, 2008

Officer: Weir, George
Complainant: Hispanic Male, 40
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Jeannette
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline)
Officer: Weir, George
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Command Discipline)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Weir, George
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline)
NYPD Disposition: Charges and Specifications - Guilty
Officer: Weir, George
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Jeannette
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Weir, George
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Weir, George
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Command Discipline)
NYPD Disposition: Charges and Specifications - Guilty
Officer Complainant Allegation CCRB Board Conclusion
Weir, George Hispanic Male, 40 Discourtesy: Word Unsubstantiated
Rivera, Jeannette Hispanic Male, 40 Abuse of Authority: Question Substantiated (Command Discipline)
Weir, George Hispanic Male, 40 Abuse of Authority: Frisk Substantiated (Command Discipline)
CCRB Investigator Recommendation: Unsubstantiated
NYPD Disposition: No Disciplinary Action-DUP
Weir, George Hispanic Male, 40 Abuse of Authority: Question Substantiated (Command Discipline)
NYPD Disposition: Charges and Specifications - Guilty
Weir, George Hispanic Male, 40 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rivera, Jeannette Hispanic Male, 40 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Weir, George Hispanic Male, 40 Abuse of Authority: Search (of person) Substantiated (Command Discipline)
NYPD Disposition: No Disciplinary Action-DUP
Weir, George Hispanic Male, 40 Abuse of Authority: Retaliatory summons Substantiated (Command Discipline)
NYPD Disposition: Charges and Specifications - Guilty

Conclusion Meanings:

'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

Rivera, Jeannette
Charges and Specifications - Guilty
Vacation: 5 days

Weir, George
Vacation: 10 days

Summary

On June 20, 2008, [redacted] filed a CCRB complaint via the call processing system (encl. 3A-B). On June 18, 2008, at approximately 9:00 AM, [redacted] left his apartment at [redacted] in the Bronx when he was approached by PO George Weir and PO Jeannette Rivera, both assigned to the 44th Precinct at East 169th Street and Grant Avenue. Both officers were in plainclothes. PO Rivera requested [redacted] to approach them. [redacted] asked PO Rivera to identify herself. Both officers pulled out their shields and displayed them to him. The officers asked [redacted] where he was coming from and he explained that he was on his way to work (Allegation A-B). PO Weir allegedly patted [redacted] s pockets and asked him if he had any weapons (Allegation C). [redacted] asked why he would be carrying any weapons and PO Rivera asked him if he was an attorney. [redacted] explained that he knew his rights and PO Weir allegedly replied, "Are you a dick now?" (Allegation D) PO Weir informed [redacted] that they had to search his bag, to which [redacted] refused. PO Weir handcuffed [redacted] and informed him that they were going to search his bag no matter what (Allegation E). PO Weir searched [redacted] s bag by taking all of its items out of it (Allegation F). [redacted] was then transported to the 44th Precinct Stationhouse. [redacted] was released with a summons for disorderly conduct. While at the precinct, [redacted] asked the officers for their names and shield numbers, and they allegedly failed to provide it to him (Allegation G and H).
[redacted] Read report for details.


Details

Incident: June 18, 2008
Received: June 20, 2008
Closed: May 26, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Summons - disorderly conduct