Complaint #200813882,
September 23, 2008

Officer: Iglesias, Miguel
Complainant: Hispanic Male, 43
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Iglesias, Miguel
Complainant: Hispanic Male, 43
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer: Iglesias, Miguel
Complainant: Hispanic Male, 43
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Sherar, Erik
Complainant: Hispanic Male, 43
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Sherar, Erik
Complainant: Hispanic Male, 43
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Iglesias, Miguel Hispanic Male, 43 Abuse of Authority: Question Unsubstantiated
Iglesias, Miguel Hispanic Male, 43 Abuse of Authority: Search (of person) Substantiated (Charges)
Iglesias, Miguel Hispanic Male, 43 Abuse of Authority: Frisk Substantiated (Charges)
Sherar, Erik Hispanic Male, 43 Abuse of Authority: Frisk Unsubstantiated
Sherar, Erik Hispanic Male, 43 Abuse of Authority: Search (of person) Unsubstantiated

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.


Penalty

Iglesias, Miguel
Instructions

Summary

According to [redacted] on September 23, 2008, at approximately 5:30pm, he exited a grocery store located at Harrod Avenue and Westchester Avenue in the Bronx. [redacted] was walking on Harrod Avenue when he observed a marked police van driving in the opposite direction with six or seven uniformed officers. [redacted] stated that he did not talk to anybody on his way to or from the store and did not conduct any illegal transactions. [redacted] made eye contact with an officer sitting in the passenger seat. The officer had a mean look on his face and was staring at [redacted] A few seconds later, the van reversed and stopped along side [redacted]
The passenger officer, identified by [redacted] from his nameplate as PO Miguel Iglesias, greeted [redacted] with a "How are you doing?" [redacted] responded, "How are you doing officer?" PO Iglesias was white, about 6'1" tall, and average build. PO Iglesias asked [redacted] "Can I talk to you?" and got out of the van. He told [redacted] "You know, you look pretty nervous to me," and asked him if he lived around the area and what he was doing there. [redacted] told him he was visiting a friend. PO Iglesias told [redacted] that he stopped him because [redacted] looked pretty nervous and his eyes were darting around. [redacted] responded that he was not nervous and was just walking down the street. PO Iglesias asked [redacted] if he had any drugs on him or used any drugs and [redacted] told him he did not. PO Iglesias asked him if he was sure and [redacted] responded he was.
At this time, a second officer, identified by the investigation as PO Erik Sherar, exited the van and approached [redacted]. PO Sherar was a white male, about 5'10" tall, he had light brown hair, cut crew style, he was about 200lbs, and muscular. PO Sherar had been sitting directly behind PO Iglesias. Both officers proceeded to pat [redacted] while asking him questions, such as if he used drugs or if he had any weapons on him. PO Iglesias and PO Sherar patted [redacted]'s chest, down his legs, and... Read report for details.


Details

Incident: September 23, 2008
Received: September 24, 2008
Closed: September 2, 2009

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

Witness Officers: Ralph Tavella, Marco Trujillo