Complaint #201506581,
July 25, 2015

Summary

On a date that the investigation determined was July 25, 2015, at approximately 3:30 a.m., [redacted] and his friends, [redacted] ([redacted] Hispanic man), [redacted] ([redacted]-old Hispanic man), and [redacted] (last name unknown, [redacted]-old black man) were standing and talking on the corner of Castle Hill Avenue and Lyon Avenue in the Bronx. [redacted] stated that at the time of the interaction, the lighting was dim; there was little vehicular traffic, and no pedestrian traffic. He described the location as both residential and commercial. No other person approached this group while they were at this location for approximately an hour.
[redacted] who was wearing gray cargo shorts, a black sleeveless shirt and black sneakers, was holding a black plastic bag that contained an alcoholic beverage, (Great Stallion). [redacted] who stated that the beverage was in a white can, described the can as resembling an Arizona Iced Tea. Neither he nor his friends consumed any drugs or alcohol prior to this incident. [redacted] was about to open the can, when he observed a marked patrol car coming from the direction of East Tremont Avenue.
The marked patrol car, the number of which he did not observe, pulled up next to [redacted]. The driver of the vehicle, who was described as a uniformed Hispanic man, approximately 30 years old, with a muscular build, shaved bald head and stubble on his face, and identified by the investigation as PO Mauricio Thomas of the Bronx Strategic Response Group, asked [redacted] "What's in the bag?" [redacted] replied, "An Arizona Iced Tea." There was a brief pause, approximately 30 seconds, before PO Thomas asked to see inside the bag twice. [redacted] asked PO Thomas, "Do you have a warrant?" to which PO Thomas replied, "Do I need a warrant to search you?" [redacted] said, "Yes, according to federal law." All officers then exited the RMP.
When he exited the car, PO Thomas said, "Give me the bag" and attempted to snatch the bag from [redacted]'s hand. [redacted] backed up approximately... Read report for details.