Complaint #200814897,
August 19, 2008

Officer: Pekera, Gregory
Complainant: Black Male, 39
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Mardale, Alin
Complainant: Black Male, 39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Pekera, Gregory Black Male, 39 Abuse of Authority: Vehicle stop Unsubstantiated
Mardale, Alin Black Male, 39 Abuse of Authority: Vehicle search Unsubstantiated

Conclusion Meanings:

'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 August 19, 2008, at approximately 9:00 PM, [redacted] left [redacted] on 103rd Street in Manhattan. [redacted] dropped off a friend in Harlem and then drove across the bridge which connects 155th Street in Manhattan to 161st Street in the Bronx. As he exited the off-ramp, he was pulled over by an unmarked black Crown Victoria (Allegation A). [redacted] did not recall committing any moving violations prior to being stopped. Three officers, identified through investigation as Sgt. Pekera, PO Mardale and PO Bolte exited their vehicle and approached [redacted] vehicle.
Sgt. Pekera approached the drivers' side. PO Mardale and PO Bolte approached the passenger's side of the vehicle. Sgt. Pekera questioned [redacted] about his possible alcohol and marijuana use. [redacted] denied using either. Then Sgt. Pekera asked for and obtained [redacted] license, registration and car keys. [redacted] was asked to exit his vehicle and he was walked by Sgt. Pekera to the rear of his vehicle. Sgt. Pekera handed [redacted] keys to PO Mardale.
PO Mardale searched [redacted] vehicle (Allegation B), although [redacted] did not see the specifics of the search. [redacted] saw PO Mardale open and lean into the passenger's-side front and rear doors. When [redacted] later returned to his vehicle, the seats had been moved. After the search of the interior of the vehicle, Sgt. Pekera told [redacted] to sit in the driver's seat of his vehicle. PO Mardale used the keys he'd obtained to open the trunk of [redacted] vehicle. After the trunk was searched, Sgt. Pekera returned [redacted] keys. The officers then walked away. [redacted] waited in his vehicle. Eventually PO Bolte gave [redacted] his paperwork. The officers then left. [redacted] drove home. Read report for details.


Details

Incident: August 19, 2008
Received: August 29, 2008
Closed: October 22, 2009

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Peter Bolte