Complaint #201411013,
August 24, 2014

Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Ludington, Declan
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Espinal, Edwin
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated
Ludington, Declan Abuse of Authority: Premises entered and/or searched Exonerated
Espinal, Edwin 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 August 23, 2014, [redacted] was at his residence at [redacted] in the Bronx for a change of clothing, after the end of his work day. At approximately 3:00 p.m., he stepped out to visit his sister, [redacted] at [redacted], where he remained until approximately 5:45 p.m., playing with his niece and nephew. [redacted] returned to his apartment at approximately 6:00 p.m., where he remained until he fell asleep at approximately 9:00 p.m. [redacted] did not step out of his residence after returning, and no others stopped by. [redacted] lives in a three bedroom apartment, which he shares with his mother, [redacted] and his sister, [redacted] was seated on a couch in the living room, and [redacted] who came into the apartment at approximately 12:00 a.m., remained in her bedroom.
At approximately 3:30 a.m., [redacted] awoke to an officer, identified by the investigation as PO Edwin Espinal of the 43rd Precinct, pulling him out of bed. [redacted] described PO Espinal as a black man dressed in plainclothes, with a bald head, muscular build, dark complexion, and who appeared to be 6'3" tall and 240 pounds. [redacted] also observed six other officers, all men, who were dressed in plainclothes. [redacted]s counsel later informed him that two of those officers were named "Espinal" and "Ludington." [redacted] did not know which of the six officers, "Espinal" and "Ludington" were.
While [redacted] remained handcuffed in the bedroom, officers informed him of an individual in criminal possession of a firearm, who had been wearing blue jeans and a sweater. They asked him what he did the previous day, if he was part of a gang, and where the jeans and sweater were. An officer also asked him for his identification, which he pointed to, in the room.
[redacted] initially stated that officers searched a room within the apartment, but then later stated that he did not see any officers search the rooms, and that because the rooms were messy, they likely conducted a visual observation for the blue jeans and sweater. [redacted] also... Read report for details.


Details

Incident: August 24, 2014
Received: October 28, 2014
Closed: November 4, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Apartment/house
In NYPD 43rd Precinct Bronx
Outcome: Arrest - other violation/crime