Complaint #201508599,
September 11, 2015

Officer: Josesantana, Jhonattan
Complainant: Hispanic Male, 21
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Josesantana, Jhonattan
Complainant: Hispanic Male, 21
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Josesantana, Jhonattan Hispanic Male, 21 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Josesantana, Jhonattan Hispanic Male, 21 Abuse of Authority: Other Substantiated (Command Discipline B)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Summary

On September 11, 2015, at approximately 8:30 p.m., [redacted] exited an apartment building located at [redacted] in the Bronx and walked to a nearby store to buy some food. After obtaining his food, [redacted] walked back to [redacted] and entered the building's courtyard where he saw his brother, [redacted] standing. [redacted] informed [redacted] that there were two officers on the building's rooftop and to watch out and [redacted] stated that he did not have anything on him so he was not worried about the officers. [redacted] then placed his book bag near a pole approximately three feet away from the building's entrance steps and proceeded to sit down on the entrance steps and eat his sandwhich.
As [redacted] was finishing eating his sandwhich, he observed PO Jhonattan Josesantana and PO Jasen Perez of the 46th Precinct exit from one of the building's exit doorways. Without any prior interaction, PO Josesantana ran towards [redacted] book bag, picked the book bag up, and began searching through it (Allegation A). While PO Josesantana was searching through the book bag, [redacted] approached him and asked PO Josesantana what he was doing. PO Josesantana allegedly told [redacted] that his book bag was being searched because he was drinking alcohol and that he was allowed to search through the book bag. Nothing was procured from the search, but PO Josesantana continued to hold onto the book bag.
[redacted] requested PO Josesantana's name and shield number, but PO Josesantana provided no response. Nevertheless, [redacted] was able to obtain the information from PO Josesantana's nameplate and shield. After several minutes, an unknown amount of additional officers in plain clothing and uniform arrived at the incident location. PO Josesantana then requested [redacted] identification, which he readily provided. Since the officers were unable to check [redacted] identification through their computers at the scene, PO Josesantana informed [redacted] that he was going to be transported to the stationhouse.
[redacted]... Read report for details.


Details

Incident: September 11, 2015
Received: October 9, 2015
Closed: February 23, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 46th Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Laura Barbato, Nicholas Kourounis, Jasen Perez
Video evidence collected