Complaint #201310465,
November 6, 2013

Officer: Conn, James
Complainant: Black Female, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Charges)
Officer: Conn, James
Complainant: Black Male, 33
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Conn, James
Complainant: Black Male, 33
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Conn, James
Complainant: Black Male, 33
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Charges)
Officer: Peguero, Edwin
Complainant: Black Male, 33
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Conn, James
Complainant: Black Male, 33
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Charges)
Officer: Conn, James
Complainant: Black Male, 33
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Conn, James Black Female, 34 Abuse of Authority: Vehicle search Substantiated (Charges)
Conn, James Black Male, 33 Abuse of Authority: Frisk Substantiated (Charges)
Conn, James Black Male, 33 Abuse of Authority: Search (of person) Unsubstantiated
Conn, James Black Male, 33 Abuse of Authority: Refusal to provide name/shield number Substantiated (Charges)
Peguero, Edwin Black Male, 33 Abuse of Authority: Threat of arrest Unsubstantiated
Conn, James Black Male, 33 Abuse of Authority: Retaliatory summons Substantiated (Charges)
Conn, James Black Male, 33 Abuse of Authority: Threat of arrest Unsubstantiated
Unknown Officer Black Female, 30-34 Abuse of Authority: Search (of person) Officer(s) Unidentified
Unknown Officer Black Female, 30-34 Abuse of Authority: Frisk Officer(s) Unidentified
Unknown Officer Black Female, 30-34 Abuse of Authority: Vehicle search Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Conn, James
Forfeit vacation 10 days
Closed: Resolved by plea, April 15, 2016
APU Guilty
Forfeit vacation 5 days

Summary

On November 6, 2013, at approximately 10:20 p.m., officers from Patrol Borough Bronx Impact Response Team stopped [redacted] in their car at East 188th Street and Creston Avenue in the Bronx for tinted windows. PO James Conn refused to provide his name and shield number to [redacted] (Allegation A). PO Edwin Peguero allegedly threatened to arrest [redacted] (Allegation B). PO Conn frisked and allegedly searched, and threatened to arrest [redacted] (Allegations C-E). An unidentified officer allegedly frisked and searched [redacted] (Allegations F and G). PO Conn and the unidentified officer searched the car (Allegations H and I). PO Conn issued three summonses to [redacted] including a disorderly conduct summons (Allegation J). PO Peguero did not have any memo book entries regarding the incident (Allegation K) (CCRB complaint encl. 8-9; summonses encl. 19-23; 45-47). Video footage of the incident is attached to IA #26. It was captured on [redacted] Is cell phone, which she left recording inside the car throughout the incident. With the exception of a momentary glimpse of a white male officer's face, the video does not show officers' faces clearly, but their voices can be heard (encl. 10-13). Read report for details.


Details

Incident: November 6, 2013
Closed: March 30, 2015

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Davon Alston, Alexandra Michaels, Margaret Stanton
Video evidence collected