Complaint #201600123,
January 4, 2016

Officer: Martin, Kevin
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Martin, Kevin
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martin, Kevin
Complainant: Hispanic Male, 29
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Martin, Kevin
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Burgos, Nadine
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Martin, Kevin
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Martin, Kevin Hispanic Male, 29 Abuse of Authority: Search (of person) Unsubstantiated
Martin, Kevin Hispanic Male, 29 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Martin, Kevin Hispanic Male, 29 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Martin, Kevin Hispanic Male, 29 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Burgos, Nadine Hispanic Male, 29 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
Martin, Kevin Hispanic Male, 29 Abuse of Authority: Threat to damage/seize property Unsubstantiated

Conclusion Meanings:

'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.


Summary

At approximately 4:37 p.m. on January 4, 2016, [redacted] parked in front of a driveway located at [redacted], in the Bronx. He sat in his car playing a game on his phone while waiting for his wife, [redacted] to come meet him. A short time later, a marked RMP pulled up behind [redacted] The two officers inside, PO Kevin Martin and PO Nadine Nazario of the 46th Precinct, sat in the RMP for several minutes before exiting and approaching [redacted] PO Martin, referring to [redacted] s phone, stated, "Put it away before I break it" (Allegation A). He then ordered [redacted] to exit the car. Once [redacted] stepped out, PO Martin frisked and searched him (Allegations B and C). Nothing was found on [redacted] was moved to the rear of his car. PO Nazario then entered [redacted] s car and searched the interior (Allegation D). Nothing was found in the car. [redacted] complained to PO Martin about being stopped. PO Martin replied, "You should go back to where you come from" (Allegation E). PO Nazario then issued [redacted] a summons for blocking the driveway. PO Martin handed the summons to [redacted] asked PO Martin for his name and shield number. PO Martin replied that his information was written on the summons (Allegation F). Read report for details.


Details

Incident: January 4, 2016
Received: January 6, 2016
Closed: May 6, 2016
Last Updated: December 11, 2024

Reason for contact: Parking violation
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Parking summons issued

Video evidence collected