Complaint #201501952,
March 17, 2015

Officer: Hernandez, Frankie
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Andrew
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Andrew
Complainant: Black Female, 42
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Andrew
Complainant: Black Female, 42
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Hernandez, Frankie Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Rodriguez, Andrew Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline A)
Rodriguez, Andrew Black Female, 42 Abuse of Authority: Threat of arrest Substantiated (Command Discipline A)
Rodriguez, Andrew Black Female, 42 Force: Physical force Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalties

Rodriguez, Andrew
Command Discipline - A

Hernandez, Frankie
Command Discipline - A

Summary

On March 17, 2015, at approximately 2:30 p.m., Det. Andrew Rodriguez and PO Frankie Hernandez of the 42nd Precinct Detective Squad went to [redacted] in the Bronx as part of an investigation into a stolen cell phone. [redacted] answered the door. The officers asked [redacted] if her son [redacted] was home. [redacted] confirmed that he was and the officers saw [redacted] inside the apartment. Det. Rodriguez allegedly told [redacted] "If you don't move out of the way, I'm going to arrest you too." (Allegation A). [redacted] was holding the door with her left hand. Det. Rodriguez allegedly grabbed [redacted]'s left wrist and "flung" her arm aside, and pushed the door open with his body (Allegation B). PO Hernandez and Detective Rodriguez both entered the apartment (Allegation C and D). The officers walked directly to [redacted] who was in the living room and handcuffed him. They then immediately escorted him out of the apartment and transported him to the 42nd Precinct stationhouse. [redacted] was charged with [redacted] and released with a Desk Appearance Ticket. Read report for details.


Details

Incident: March 17, 2015
Received: March 18, 2015
Closed: September 26, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 42nd Precinct Bronx
Outcome: Arrest - other violation/crime