Complaint #201508996,
October 14, 2015

Officer: Benites, Pamela
Complainant: Hispanic Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Benites, Pamela
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Howard, Terrence
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Morrison, Okera
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Howard, Terrence
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Morrison, Okera
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Benites, Pamela
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Benites, Pamela
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Benites, Pamela
Complainant: Hispanic Female, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Benites, Pamela Hispanic Male, 29 Discourtesy: Word Unsubstantiated
Benites, Pamela Hispanic Male, 29 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Howard, Terrence Hispanic Male, 29 Abuse of Authority: Search (of person) Unsubstantiated
Morrison, Okera Hispanic Male, 29 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Howard, Terrence Hispanic Male, 29 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Morrison, Okera Hispanic Male, 29 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Benites, Pamela Hispanic Male, 29 Abuse of Authority: Frisk Substantiated (Formalized Training)
Benites, Pamela Hispanic Male, 29 Abuse of Authority: Vehicle stop Exonerated
Benites, Pamela Hispanic Female, 32 Abuse of Authority: Frisk Alleged Victim Uncooperative

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.
'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.


Penalties

Morrison, Okera
Formalized Training

Benites, Pamela
Formalized Training

Summary

On October 14, 2015, at approximately 1:45 p.m., [redacted] was driving on Myrtle Avenue, in Brooklyn, with his girlfriend and co-parent, [redacted] in the front passenger's seat. [redacted] crossed a double yellow line to avoid traffic before making a left hand turn on Washington Avenue.
About one half-block later, [redacted] heard a siren and saw lights flashing from an unmarked vehicle behind him, causing [redacted] to pull over (Allegation A). Three officers, in plainclothes, PO Pamela Benites, PO Terrance Howard, and Sgt. Okera Morrison, of the 79th Precinct Anti-Crime team, approached his vehicle. PO Benites was the contact officer. [redacted] PO Benites seemingly recognized [redacted] and stated, "Hey!" then all at once, "Turn your car off, take your seatbelt off, get out the car." [redacted] responded, "What? What are you stopping me for? Why are you stopping me?" PO Benites allegedly responded either, "Because you're driving like a dickhead" or "Because you're driving like an asshole." (Allegation B).
[redacted] then stepped out of the vehicle and was directed to stand at the rear of the vehicle, and place his hands on the vehicle. PO Howard frisked [redacted]s forearms, chest, torso, front pants pockets, down both [redacted]s legs (Allegation C). PO Howard then ran his hands back up [redacted]s legs and allegedly entered both of [redacted]s front pants pockets (within Allegation C and Allegation D).
PO Howard then directed [redacted] to the back of his car. When [redacted] did so, he directed his attention to PO Benites whose entire body was allegedly inside the back seat of his vehicle (Allegation E). PO Benites then requested [redacted] exit the vehicle, and allegedly frisked her (Allegation G). While at the rear of his vehicle, [redacted] allegedly asked PO Howard for his name about 20 times, without response (Allegation H). [redacted] also asked Sgt. Morrison what his name was without a response (Allegation I). [redacted] continued to ask for their names and PO Howard allegedly responded that... Read report for details.


Details

Incident: October 14, 2015
Received: October 21, 2015
Closed: March 11, 2016

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 88th Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected