Complaint #201505249,
June 16, 2015

Officer: Tsang, Philip
Complainant: Black Male, 23
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Tsang, Philip
Complainant: Black Male, 23
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Aliyev, Farid
Complainant: Black Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Aliyev, Farid
Complainant: Black Male, 23
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Exonerated
Officer: Tsang, Philip
Complainant: Black Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Aliyev, Farid
Complainant: Black Male, 23
Allegation: Abuse of Authority: Question
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Exonerated
Officer: Tsang, Philip
Complainant: Black Male, 23
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Tsang, Philip
Complainant: Black Male, 23
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Aliyev, Farid
Complainant: Black Male, 23
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Tsang, Philip Black Male, 23 Abuse of Authority: Search (of person) Exonerated
CCRB Investigator Recommendation: Substantiated
Tsang, Philip Black Male, 23 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Aliyev, Farid Black Male, 23 Discourtesy: Word Unsubstantiated
Aliyev, Farid Black Male, 23 Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Unsubstantiated
Tsang, Philip Black Male, 23 Abuse of Authority: Frisk Exonerated
CCRB Investigator Recommendation: Substantiated
Aliyev, Farid Black Male, 23 Abuse of Authority: Question Exonerated
CCRB Investigator Recommendation: Unsubstantiated
Tsang, Philip Black Male, 23 Abuse of Authority: Search (of person) Unsubstantiated
Tsang, Philip Black Male, 23 Abuse of Authority: Retaliatory summons Substantiated (Command Discipline A)
Aliyev, Farid Black Male, 23 Abuse of Authority: Threat of arrest 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.
'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.


Penalty

Tsang, Philip
Command Discipline - A

Summary

On June 16, 2015, at approximately 8:20 p.m., inside the MTA Subway station at West 34th Street and Broadway in Manhattan, [redacted] used his metro card at the turnstile and then entered through the emergency gate with a delivery package. When [redacted] was approximately 20 feet away from the emergency gate, Sgt. Farid Aliyev from Transit District 2 in Manhattan called out to him to come over. [redacted] refused to go with Sgt. Aliyev. As [redacted] walked away, Sgt. Aliyev questioned how he got in and [redacted] said that he went through the turnstile (Allegation A). Sgt. Aliyev stopped [redacted] asked if he used a metro card to enter and then told [redacted] to hand over the metro card to verify its usage (Allegation B). [redacted] admitted that he used his metro card but refused to hand it over. Sgt. Aliyev told [redacted] that he could be arrested for disorderly conduct (Allegation C).
PO Brandon Tom and PO Phillip Tsang, also from Transit District 2, approached [redacted] at which time PO Tsang searched [redacted] front pants pockets (Allegation D). [redacted] asked PO Tsang to see his shield, and PO Tsang allegedly said that [redacted] did not need to see it (Allegation E). [redacted] was handcuffed and escorted outside of the turnstile. PO Tsang frisked [redacted] front pants pockets (Allegation F) and then removed his metro card and identification (Allegation G). PO Tom verified that [redacted] used his metro card, at which time Sgt. Aliyev allegedly commented that the incident would not have happened if [redacted] would have "fucking" handed over his metro card earlier (Allegation H). PO Tsang issued [redacted] a summons for disorderly conduct, (Allegation I). Read report for details.


Details

Incident: June 16, 2015
Received: June 25, 2015
Closed: November 18, 2015

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD Midtown South Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Brandon Tom