Complaint #201507307,
August 29, 2015

Officer: Kern, Daniel
Complainant: Black Male, 37
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Kern, Daniel
Complainant: Black Male, 37
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Kern, Daniel
Complainant: Black Male, 37
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Kern, Daniel
Complainant: Black Male, 37
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Kern, Daniel Black Male, 37 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Kern, Daniel Black Male, 37 Abuse of Authority: Frisk Substantiated (Formalized Training)
Kern, Daniel Black Male, 37 Abuse of Authority: Threat of arrest Unsubstantiated
Kern, Daniel Black Male, 37 Abuse of Authority: Retaliatory summons Substantiated (Formalized Training)

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.


Penalty

Kern, Daniel
Formalized Training

Summary

On August 29, 2015, at approximately 6:45 p.m., [redacted] was in front of his apartment building at [redacted] in the Bronx, when he was approached by PO Daniel Kern, from Patrol Borough Bronx. [redacted] was standing with his back upon a scaffolding pole when PO Kern approached. There was a black plastic milk crate next to him. PO Kern requested his identification. [redacted] provided this information, and PO Kern handcuffed him and told him that he was in violation of sitting on a milk crate. [redacted] argued that he was not sitting on the milk crate, and PO Kern asked him if he wanted to go to jail (Allegation A). PO Kern frisked [redacted] waistband, pants, and shirt (Allegation B). PO Kern asked what the hard object in [redacted] pocket was, and [redacted] stated it was his keys. PO Kern entered every pocket and lifted [redacted] shirt (Allegation C). PO Kern issued [redacted] a summons for "unlawful use of a milk crate" (Allegation D). Read report for details.


Details

Incident: August 29, 2015
Received: August 31, 2015
Closed: December 15, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Diego Marin, Marco Morrone