Complaint #201402074,
December 11, 2013

Summary

A civilian, who had been standing on the street with two people he knew stated that a police officer approached them, cursed at them, then frisked them and searched them, then searched a nearby payphone. The officer found a box cutter (which the civilian uses for work) in the civilian's pocket and issued him a summons.
Officer Alejandro Rivas, when interviewed about the incident, stated that he had approached the people because he had arrested the other two for drug offenses before and thought they had stored drugs in the phone booth. He stated that he remembered the incident, that he had not cursed at the individuals, and, other than to take the box cutter, had not frisked or searched them.
As it turns out, the civilian had an audio recording device in his pocket during the encounter. After his statement, Officer Rivas was played the recording, in which an officer is heard saying, "shut the fuck up bro, do you think I am deaf?" Officer Rivas stated that the voice was not his. As the recording continued, the civilian asked the officer his shield number, and the voice, which Officer Rivas said was not his, provided Officer Rivas's shield number.
At this point, Officer Rivas's representative cut off the interview to consult with his client. When the interview resumed, Officer Rivas said that he had not remembered the incident before, but the recording had refreshed his recollection and that the civilian (whom he had previously described as calm) was belligerent, which is why he had cursed.
The CCRB found that Officer Rivas had conducted an unlawful frisk and an unlawful search and had lied during his CCRB interview.
The NYPD resolved the incident by issuing Officer Rivas a Command Discipline-A. He has since been promoted to detective and works in the detective squad of the 33rd precinct. Read report for details.