Complaint #200816537,
November 16, 2008

Officer: Konen, Joshua
Complainant: Black Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Konen, Joshua
Complainant: Black Male, 19
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Konen, Joshua
Complainant: Black Male, 19
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Chung, Frank
Complainant: Black Male, 19
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Konen, Joshua Black Male, 19 Abuse of Authority: Frisk Substantiated (Charges)
Konen, Joshua Black Male, 19 Abuse of Authority: Search (of person) Unsubstantiated
Konen, Joshua Black Male, 19 Abuse of Authority: Question Exonerated
Chung, Frank Black Male, 19 Abuse of Authority: Question 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.
'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

Konen, Joshua
Instructions

Summary

On November 16, 2008, at approximately 5:05 PM, in the vicinity of Ralph Avenue and Farragut Road in Brooklyn, [redacted] was returning from the barber shop. As [redacted] was crossing Ralph Avenue to the west side, his right hand was holding his jacket around his chest area to tighten his jacket from the cold wind. [redacted] was wearing a gray timberland jacket, which was not tight-fitting, and blue jeans and brown shoes. As he began walking north on Farragut Road, he was stopped by Officer Joshua Konen (operator) and Officer Frank Chung (recorder), who were driving a marked, white car. [redacted] identified Officer Konen by looking at the name on his uniform. Officer Chung was identified as Officer Konen's partner in the PSA 1 roll call on November 16, 2008. While still in the car, Officer Konen asked [redacted] to stop walking. [redacted] stopped walking. Officer Chung asked, "Do you know why we're stopping you?" [redacted] responded, "No." Both officers got out of the car.
Officer Konen asked [redacted] a couple questions about where he lived and where he was going. Immediately after the questioning, Officer Konen frisked the front of [redacted] Is body. He felt [redacted] cell phone on the right side of his waist. With both hands, Officer Konen lifted up [redacted] Is jacket to look at the cell phone. [redacted] Is cell phone is black Sprint LG, three inches long and less than a quarter of an inch thick. Then Officer Konen unzipped [redacted] Is jacket and searched both inside jacket pockets. [redacted] had keys and a receipt in his right pocket.
Then Officer Chung asked [redacted] for his ID and [redacted] obliged. Officer Chung told [redacted] that they had pulled him over because there was current gang activity in the neighborhood and [redacted] had been holding his jacket. Then the two officers got in their car and drove away. The entire interaction lasted approximately seven minutes, during which [redacted] had a calm demeanor. Read report for details.


Details

Incident: November 16, 2008
Received: November 17, 2008
Closed: July 15, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 63rd Precinct Brooklyn
Outcome: No arrest made or summons issued