Complaint #201506124,
July 9, 2015

Officer: Marussich, Daniel
Complainant: Hispanic Male, 44
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Marussich, Daniel
Complainant: Hispanic Male, 44
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Talavera, Peter
Complainant: Hispanic Male, 44
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Talavera, Peter
Complainant: Hispanic Male, 44
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Talavera, Peter
Complainant: Hispanic Male, 44
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Marussich, Daniel Hispanic Male, 44 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Marussich, Daniel Hispanic Male, 44 Abuse of Authority: Frisk Exonerated
Talavera, Peter Hispanic Male, 44 Discourtesy: Word Unsubstantiated
Talavera, Peter Hispanic Male, 44 Abuse of Authority: Vehicle search Unsubstantiated
Talavera, Peter Hispanic Male, 44 Abuse of Authority: Refusal to provide name/shield number 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

On July 9, 2015, at approximately 9:30 p.m., [redacted] was driving to his father's house, in the vicinity of [redacted] in Queens. As [redacted] was searching for a parking space, his friend [redacted] called [redacted] and said that he saw [redacted]'s car pass by. [redacted] picked [redacted] up in front of a bodega and they had a friendly conversation in the car while [redacted] continued searching for parking. [redacted] then dropped [redacted] off and continued driving. Shortly afterwards, [redacted] was pulled over by PO Peter Talavera and Sgt. Daniel Marussich from the 108th Precinct, who were in an unmarked RMP. PO Talavera approached [redacted] on the driver's side and asked him what he was doing. [redacted] explained that he was looking for parking. PO Talavera allegedly said, "Don't give me that bullshit, we saw you pass something to that guy." (Allegation A) During the course of the incident, PO Talavera also allegedly said, "Oh, so you're a fucking wiseass now?"; "What do you mean, why I fucking pulled you over?"; "We saw you give that guy some shit"; "Oh, so you're a fucking wiseass again?"; "Get out of the fucking car"; "Shut the fuck up"; and, "Listen, I don't give a shit, we could stay here all night." PO Talavera asked [redacted] to exit his vehicle and walk to the back; [redacted] complied. Sgt. Marussich, who was standing at the back of the vehicle, patted his hands over [redacted]'s pants pockets, pants leg, arms, and armpit area (Allegation B). PO Talavera then searched [redacted]'s vehicle by allegedly entering the vehicle through the driver's side, front passenger's side, and rear passenger's side doors and opening internal compartments, including the glove box, cup holder, and seat pockets (Allegation C). [redacted] asked both PO Talavera and Sgt. Marussich for their shield numbers, but they both allegedly refused to provide it (Allegations D and E). PO Talavera and Sgt. Marussich returned to their vehicle and left the scene without summonsing or arresting [redacted] Read report for details.


Details

Incident: July 9, 2015
Received: July 24, 2015
Closed: November 23, 2015

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 108th Precinct Queens
Outcome: No arrest made or summons issued