Complaint #201510149,
November 27, 2015

Officer: Baez, Gamalier
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lawrence, Sheena
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Baez, Gamalier
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Sanchez, Marlon
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Baez, Gamalier
Complainant: Hispanic Male, 36
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Baez, Gamalier Hispanic Male, 36 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Lawrence, Sheena Hispanic Male, 36 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline A)
Baez, Gamalier Hispanic Male, 36 Abuse of Authority: Search (of person) Unsubstantiated
Sanchez, Marlon Hispanic Male, 36 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline A)
Unknown Officer Hispanic Male, 35-39 Abuse of Authority: Vehicle stop Exonerated
Baez, Gamalier Hispanic Male, 36 Abuse of Authority: Frisk 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.
'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

Baez, Gamalier
Command Discipline - A

Lawrence, Sheena
Command Discipline - A

Sanchez, Marlon
Command Discipline - A

Summary

On November 27, 2015, in the vicinity of Osborn Street and Riverdale Avenue, in the Bronx, [redacted] was pulled over by PO Marlon Sanchez, PO Gamalier Baez, and PO Sheena Lawrence of the 73rd Precinct (Allegation A). PO Sanchez approached the driver's side window of the vehicle and when asked, informed [redacted] that he had been driving a little fast on Mother Gaston Avenue (approximately a block away from the stop location). Officers also stated that [redacted] windows were tinted.
During the interaction, PO Sanchez asked [redacted] to roll down his passenger's side window, so his partner, PO Baez could also hear what was going on, but [redacted] refused. PO Sanchez also stated aloud to [redacted] that he was trembling. PO Sanchez then asked [redacted] to step out of his vehicle. [redacted] asked if he was being detained, and PO Sanchez did not answer but again asked [redacted] to step out of the vehicle. [redacted] continued to ask if he was being detained, and PO Sanchez responded by asking him to step out of the vehicle several times, until PO Baez ultimately stated to [redacted] "Yes you are being detained." [redacted] then stepped out of his vehicle and PO Baez allegedly frisked and searched [redacted] pants pockets (Allegations B and C).
[redacted] was then escorted to the rear of his vehicle where he stood with PO Sanchez and PO Lawrence. While he was at the rear of the vehicle, PO Baez allegedly searched [redacted] vehicle (Allegation D). At the time of the vehicle search, [redacted] allegedly requested both PO Sanchez's and PO Lawrence's names and shield numbers and they did not provide it (Allegations E and F).
[redacted] returned to his driver's seat, and was released without a summons or arrest. Read report for details.


Details

Incident: November 27, 2015
Received: November 30, 2015
Closed: March 31, 2016

Reason for contact: Other
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected