Complaint #201501641,
April 22, 2014

Officer: Mischo, David
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 50-54
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Albertelli, John
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mischo, David Abuse of Authority: Premises entered and/or searched Unsubstantiated
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Black Male, 50-54 Abuse of Authority: Seizure of property Exonerated
Albertelli, John Abuse of Authority: Premises entered and/or searched Unsubstantiated

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.
'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

At approximately 5:30 a.m. on April 22, 2014, [redacted] was awoken by knocking at his front door. When he went to the door, he saw several officers through the peephole. While [redacted] and [redacted] both stated that there were three officers outside, the investigation determined that there were only two, Sgt. John Albertelli and Det. David Mischo of the Manhattan Warrant Squad. Through the door, Sgt. Albertelli and Det. Mischo identified themselves as police officers, and stated that they wanted to ask him a few questions. When [redacted] opened the door, however, both officers immediately pushed past him and entered the apartment (Allegations A and B). The officers then stated that they were looking for [redacted]. When [redacted] confirmed his identity, he was placed in handcuffs. [redacted] was then walked into the nearby living room and seated on the couch. [redacted] then entered the room to find out what was happening. The officers ordered [redacted] to return to his room. [redacted] complied with this order. Several minutes later, Sgt. Albertelli and Det. Mischo escorted [redacted] out of the apartment and took him to the Manhattan Warrant Squad office for arrest processing.
At an unspecified time later that day, [redacted] came back to the apartment to find an unidentified officer standing outside. [redacted] was told that he was not allowed to enter at that time. [redacted] incensed, displayed his photo identification and rental receipts to prove that he was a resident. He was then allowed into the apartment. When [redacted] entered, he found a copy of a search warrant on his kitchen table (Allegation C). He himself had not witnessed officers searching the apartment at any time. [redacted] looked over his apartment afterwards, and found that several objects, including tools and a hand truck that belonged to [redacted] had been removed (Allegation D). Read report for details.


Details

Incident: April 22, 2014
Received: March 9, 2015
Closed: May 11, 2015

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime