Complaint #201402567,
March 14, 2014

Officer: Martes, Jovanna
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Martes, Jovanna
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Officer(s) Unidentified
Officer: Martes, Jovanna
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Alston, Davon
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Alston, Davon
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Martes, Jovanna Hispanic Male, 32 Abuse of Authority: Frisk Unsubstantiated
Martes, Jovanna Hispanic Male, 32 Abuse of Authority: Vehicle search Unsubstantiated
Unknown Officer Hispanic Male, 30-34 Abuse of Authority: Vehicle search Officer(s) Unidentified
Martes, Jovanna Hispanic Male, 32 Abuse of Authority: Threat of arrest Unsubstantiated
Alston, Davon Hispanic Male, 32 Abuse of Authority: Vehicle search Unsubstantiated
Alston, Davon Hispanic Male, 32 Abuse of Authority: Frisk Unsubstantiated

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 March 14, 2014, at approximately 11:33 p.m., [redacted] was driving just a few feet behind a marked patrol car when it pulled over to the side, thus allowing him to pass it and drive ahead of it. The back license plate on [redacted] vehicle was surrounded and partially covered by a dealership frame. At that point, the patrol car pulled [redacted] over at the intersection of East 169th Street and Fulton Avenue in the Bronx. Three officers, identified via investigation as PO Jovanna Martes, PO Belkin Garcia, and Sgt. Davon Alston, each from Patrol Borough Bronx, exited the patrol car and approached [redacted] vehicle. [redacted] alleged that an unidentified fourth officer, PO1, was present at the time of the incident. [redacted] described PO1 as a uniformed white man in his forties who is approximately 5'11" tall, weighs approximately 175 pounds, and has short brown hair. PO Martes eventually informed [redacted] that he tailgated her and allegedly ordered him to exit his vehicle. [redacted] claimed that he complied with the order and that PO Martes then frisked him (Allegations A and B). [redacted] further alleged that PO Martes and PO1 then searched his vehicle (Allegations C, D, and E). Thereafter, PO Martes returned to the patrol car with the driver's license and vehicle registration of [redacted] PO Martes later walked back to [redacted] and issued him a summons for having a plate cover. At that point, [redacted] asked PO Martes and PO Garcia for their shield numbers. PO Martes replied that the requested information was listed on the summons and also pointed at her shield, whereas PO Garcia only pointed at her shield. Neither PO Martes nor PO Garcia verbally provided their shield numbers. [redacted] claimed that he then attempted to exit his vehicle to request the shield numbers of Sgt. Alston and PO1 when PO Martes stated to him, "If you step out of your vehicle, I'm going to arrest you" (Allegation F). [redacted] Read report for details.


Details

Incident: March 14, 2014
Received: March 18, 2014
Closed: March 14, 2015

Reason for contact: Moving violation
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Moving violation summons issued

Witness Officers: Belkin Garcia, Keith Laliberte