Complaint #201506325,
July 24, 2014

Officer: Xylas, Mark
Complainant: Black Male, 21
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Xylas, Mark Black Male, 21 Abuse of Authority: Vehicle search 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

At approximately 4:00 p.m. on July 24, 2014, [redacted] and [redacted] were in [redacted]'s 2002 Silver Ford Taurus driving westbound on Lexington Avenue in Brooklyn. [redacted] was the driver while [redacted] was sitting in the front passenger's seat. Upon reaching the intersection of Lexington Avenue and Stuyvesant Avenue, which is a four-way stop intersection, [redacted] rolled through the stop sign without coming to a full stop. After driving for approximately one-half block, [redacted] noticed an unmarked police car with its lights and sirens turned on driving behind him. [redacted] immediately pulled over on the side of the road near the intersection of Lexington Avenue and Lewis Avenue. Two officers, identified via investigation as Sgt. Erek Powers and PO Mark Xylas of the 81st Precinct, exited from their vehicle and approached [redacted]'s car. PO Xylas approached the driver's side while Sgt. Powers approached the front passenger's side. Upon reaching the car, [redacted] attempted to hand PO Xylas his documentation, however PO Xylas told [redacted] to exit his car. [redacted] complied, at which point he was taken to the rear of his car. [redacted] was also asked to exit the car by Sgt. Powers, and he too was taken to the rear of the car.
While [redacted] and [redacted] were sitting on the rear bumper of [redacted]'s car, PO Xylas returned to the driver's side door, entered [redacted]'s car, and allegedly searched underneath the front and back seats, and the glove compartment, which had previously been closed (Allegation A). After searching [redacted]'s car for approximately one to two minutes, PO Xylas returned to the rear of the vehicle with a knife in his hand, which he stated had been recovered from the car. Sgt. Powers then informed PO Xylas that while PO Xylas was conducting the car search, he checked [redacted] and [redacted] for warrants, and that the search for [redacted] came back positive. [redacted] and [redacted] were both then placed under arrest. [redacted] was charged with [redacted]... Read report for details.


Details

Incident: July 24, 2014
Received: July 31, 2015
Closed: October 22, 2015

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Erek Powers