Complaint #201507899,
September 16, 2015

Officer: Smith, Justin
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Smith, Justin
Complainant: Male, 21
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Smith, Justin
Complainant: Male, 21
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unfounded
Officer: Smith, Justin
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Rivera, Paul
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Smith, Justin Abuse of Authority: Premises entered and/or searched Exonerated
Smith, Justin Male, 21 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Smith, Justin Male, 21 Abuse of Authority: Property damaged Unfounded
Smith, Justin Abuse of Authority: Premises entered and/or searched Exonerated
Rivera, Paul Abuse of Authority: Premises entered and/or searched 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 September 16, 2015, at approximately 11:00 a.m., [redacted] had an argument with his girlfriend, [redacted] at his apartment located at [redacted] in Brooklyn. [redacted] and [redacted] were in the lobby of the building when PO Justin Smith and PO Paul Rivera, both from the 71st Precinct, arrived. [redacted] recognized PO Smith from a previous arrest and lawsuit. [redacted] ran into his apartment and attempted to shut the door. PO Smith was on the other side of the door pushing on it preventing [redacted] from closing it. PO Smith allegedly stated, "I am going to fuck you up" (Allegation A). [redacted] ran through his apartment and through [redacted]s (his grandmother) room. PO Smith followed [redacted] into the house (Allegation B), followed by PO Smith (Allegation C). [redacted] jumped out the window and hid in the bushes of a neighbor's yard. [redacted] went to the home of [redacted], a friend, and he received a phone call from [redacted] stating PO Smith was searching his room (Allegation E). [redacted] allegedly sent [redacted] to the apartment to see what was going on. [redacted] told him that PO Smith was removing papers from his room. After three days, [redacted] returned to his room and discovered the door to his room had been broken (Allegation D).
There is a video in this case, taken by [redacted]s sister (whose name he did not know how to spell) days after the incident depicting the state of [redacted]s room (see video below). Read report for details.


Details

Incident: September 16, 2015
Received: September 17, 2015
Closed: November 23, 2015

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 71st Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected