Complaint #200911340,
July 10, 2009

Officer: Diaz, Daniel
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Allegation CCRB Conclusion
Diaz, Daniel Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Abuse of Authority: Premises entered and/or searched 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.

Further details on conclusions.


Summary

On July 10, 2009, shortly before 10:50am, [redacted] was inside her apartment, apartment [redacted] in Brooklyn, with her sister, [redacted] her aunt, [redacted] and her friend, [redacted] became involved in a dispute with [redacted] which peaked when [redacted] pushed [redacted]'s head backward and [redacted] retaliated by punching [redacted] in the face. [redacted] left [redacted]'s apartment approximately 15 to 20 minutes later.
Approximately 30 to 45 minutes after [redacted] left, [redacted] heard a knock on the door. [redacted] answered the door, and [redacted] heard a male ask for [redacted] When [redacted] came to the door, she saw a uniformed Hispanic male officer, identified via investigation as PO Daniel Diaz, and an unidentified white male officer in uniform. PO Diaz told [redacted] to step out of her apartment, and [redacted] complied. PO Diaz informed [redacted] that he had been in the vicinity of [redacted]'s building when he was flagged down by [redacted] PO Diaz asked [redacted] what had happened, and [redacted] described the fight to PO Diaz and stated that she had hit [redacted] [redacted] then walked back into her apartment, and PO Diaz and the white officer followed her into the area just inside her front door. [redacted] did not report objecting to the officers' entry. PO Diaz then patted [redacted]'s front and back pants pockets and ordered [redacted] to step out of her apartment. During her initial statement to the undersigned via telephone on July 31, 2009, [redacted] stated that PO Diaz and the white officer had physically pulled her out of her apartment while she resisted. However, during her sworn statement to the CCRB on August 12, 2009, [redacted] stated that she agreed to step out of her apartment and then voluntarily followed the officers out.
As soon as [redacted] had exited her apartment, PO Diaz told [redacted] that she was under arrest. [redacted] became very upset, verbally disputed the legitimacy of the arrest and turned back toward her front door while yelling for her... Read report for details.


Details

Incident: July 10, 2009
Received: July 23, 2009
Closed: October 22, 2009

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 77th Precinct Brooklyn
Outcome: Arrest - other violation/crime