Complaint #201510545,
December 11, 2015

Officer: Unknown Officer
Complainant: Hispanic Female, 60-64
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Locher, Robert
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Pagan, Ruben
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Unsubstantiated
Officer: Phelan, Stephen
Complainant: Hispanic Female, 60
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Phelan, Stephen
Complainant: Hispanic Female, 60
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Female, 60-64 Discourtesy: Word Exonerated
Locher, Robert Abuse of Authority: Premises entered and/or searched Exonerated
Pagan, Ruben Abuse of Authority: Threat to notify ACS Unsubstantiated
Phelan, Stephen Hispanic Female, 60 Abuse of Authority: Refusal to show search warrant Substantiated (Formalized Training)
Phelan, Stephen Hispanic Female, 60 Discourtesy: Word Unsubstantiated

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.


Penalty

Phelan, Stephen
Filed
Retired

Summary

On December 11, 2015, at approximately 4:40 a.m., members of the Manhattan Gang Squad, including Det. Robert Locher, Lieutenant Stephen Phelan, and PO Ruben Pagan, executed a search warrant at [redacted]'s apartment, located at [redacted] in Manhattan. [redacted] yelled out to the officers that she would open the apartment door for them. An unidentified officer allegedly responded, "Get the fuck away from the door." (Allegation A). The residents of the apartment were in the living room when the officers entered and searched the apartment (Allegation B). The officers ordered to the residents to get on the floor. [redacted] explained to the officers that she was physically unable to do so. In response, Lieutenant Stephen Phelan allegedly stated, "I don't give a fuck" (Allegation C). PO Pagan allegedly told [redacted] that the Administration for Child Services would be notified if the civilians refused to tell the officers if there were illegal items in the house (Allegation D). [redacted] and [redacted] repeatedly asked to see a search warrant, but were told to wait. [redacted] and [redacted] were placed under arrest and taken outside of the apartment, Lieutenant Phelan then handed [redacted] the cover sheet of the search warrant (Board Review 16), but did not show her the warrant itself (Allegation E). [redacted] and [redacted] were arrested for [redacted]. Read report for details.


Details

Incident: December 11, 2015
Received: December 15, 2015
Closed: April 21, 2016

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 23rd Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Ryan Foy, Wesley Fradera, Bianca Guerrido, Christopher Henning, Matthew Sgambati, Mark Tufano
Video evidence collected