Complaint #201508450,
October 4, 2015

Officer: Poletto, Michael
Complainant: Male, 55
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Poletto, Michael
Complainant: Male, 55
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Poletto, Michael
Complainant: Male, 55
Allegation: Discourtesy: Action
CCRB Conclusion: Unsubstantiated
Officer: Poletto, Michael
Complainant: Male, 55
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Poletto, Michael
Complainant: Male, 55
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Poletto, Michael
Complainant: Male, 55
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Franco, Luis
Complainant: Male, 55
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Poletto, Michael Male, 55 Abuse of Authority: Question Exonerated
Poletto, Michael Male, 55 Abuse of Authority: Stop Exonerated
Poletto, Michael Male, 55 Discourtesy: Action Unsubstantiated
Poletto, Michael Male, 55 Discourtesy: Word Unsubstantiated
Poletto, Michael Male, 55 Abuse of Authority: Threat of arrest Exonerated
Poletto, Michael Male, 55 Abuse of Authority: Vehicle search Exonerated
Franco, Luis Male, 55 Abuse of Authority: Stop 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.
'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 October 4, 2015, at approximately 11:00 a.m., [redacted] was at the BP gas station located at the corner of the Grand Concourse and East 144th Street in the Bronx, cleaning the excess water off his car after returning from a nearby car wash. While cleaning the excess water from his car, two police officers, identified via investigation as PO Michael Poletto and PO Luis Franco of 425 SOD SRG, pulled up to [redacted] in a marked RMP, exited their vehicle, and approached him (Allegations A and B).
PO Poletto, who was the driver, exited the marked police vehicle, approached [redacted] and allegedly asked, "Whose car is this? Give me all papers. This is a fake car. This is a fake temporary plate." [redacted] explained that his car's license plate was not fake. PO Poletto then asked [redacted] for his car keys, which [redacted] was holding in his hand. [redacted] alleged that PO Poletto snatched the keys out of his hand (Allegation C).
PO Poletto then asked [redacted] for his driver license, registration, and insurance. [redacted] provided his driver's license to PO Poletto; however, he did not have any documents for his car. PO Poletto then gave [redacted]'s driver license to PO Franco, and asked PO Franco to check it. [redacted] alleged that PO Poletto then asked him if he had any drugs inside the car and if he smoked marijuana (Allegation D). [redacted] alleged that PO Poletto then opened the rear passenger side door, bent down, and leaned inside the vehicle with his body for a few minutes, disappearing from [redacted]'s view (Allegation E). When PO Poletto returned, [redacted] alleged that he threatened to, "lock [redacted] up for three days for investigation" (Allegation F).
PO Poletto informed [redacted] that he had to provide the title for the car and a bill of sale. [redacted] did not provide the documents explaining that he owned a car dealership and was doing business from his home. [redacted] then asked PO Poletto, "Why you stopping me? I am at the gas station. I am not driving." [redacted] alleged... Read report for details.


Details

Incident: October 4, 2015
Closed: December 21, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued