Complaint #201402218,
February 28, 2014

Officer: Stanley, Kyle
Complainant: Hispanic Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Stanley, Kyle
Complainant: Hispanic Male, 34
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unfounded
Officer: Stanley, Kyle
Complainant: Hispanic Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Stanley, Kyle
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Rivera, Jay
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Stanley, Kyle Hispanic Male, 34 Force: Physical force Unfounded
Stanley, Kyle Hispanic Male, 34 Force: Handcuffs too tight Unfounded
Stanley, Kyle Hispanic Male, 34 Discourtesy: Word Unsubstantiated
Stanley, Kyle Hispanic Male, 34 Abuse of Authority: Vehicle search Exonerated
Rivera, Jay Hispanic Male, 34 Abuse of Authority: Vehicle search 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 February 28, 2014, at approximately 9:30 p.m., PO Kyle Stanley and PO Jay Rivera of the 75th Precinct stopped the vehicle in which [redacted] and [redacted] were occupants. During his interaction with officers, [redacted] stated that both officers asked the men to step out of the vehicle after they stated they smelt an odor of marijuana. Both officers then searched the inside of the vehicle for approximately forty-five minutes to an hour (Allegation A and B). [redacted] stated that both men were under arrest but the officers did not say why. [redacted] believed that it was because [redacted] was driving with an expired insurance. The men were then transported back to the 75th Precinct stationhouse. Upon arrival at the stationhouse, [redacted] was taken to the front desk. He alleged that PO Stanley grew angry when he mentioned the word "attorney" and proceeded to twist and re-tighten his handcuffs. PO Stanley then pushed him to the floor and punched and kicked him in the body (Allegations C and D). [redacted] also alleged that while being fingerprinted, PO Stanley stated to him, "Who the fuck told you to move your hand" (Allegation E). Read report for details.


Details

Incident: February 28, 2014
Received: March 7, 2014
Closed: January 30, 2015

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Mark Gomez, Sasa Maric