Complaint #201600265,
January 12, 2016

Officer: Moise, John
Complainant: Black Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Moise, John
Complainant: Black Male, 31
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Moise, John
Complainant: Black Male, 31
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Rosario, Carlos
Complainant: Black Male, 31
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rosario, Carlos
Complainant: Black Male, 31
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Moise, John
Complainant: Black Male, 31
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rosario, Carlos
Complainant: Black Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Moise, John
Complainant: Black Male, 31
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Moise, John
Complainant: Black Male, 31
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Moise, John Black Male, 31 Abuse of Authority: Threat of arrest Unsubstantiated
Moise, John Black Male, 31 Abuse of Authority: Frisk Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Moise, John Black Male, 31 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Rosario, Carlos Black Male, 31 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rosario, Carlos Black Male, 31 Abuse of Authority: Threat of arrest Unsubstantiated
Moise, John Black Male, 31 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rosario, Carlos Black Male, 31 Abuse of Authority: Stop Substantiated (Formalized Training)
Moise, John Black Male, 31 Abuse of Authority: Other Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Moise, John Black Male, 31 Abuse of Authority: Question 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.


Penalties

Rosario, Carlos
Formalized Training

Moise, John
Formalized Training

Summary

On January 12, 2016 at approximately 4 p.m., [redacted] was walking south on Tinton Avenue in the Bronx, intending to go from his apartment to his storage unit. He carried a small box that contained a watch. Sgt. Carlos Rosario and PO John Moise of the 42nd Precinct anticrime team stopped their car next to [redacted] near the intersection with East 166th Street and Tinton Avenue. PO Moise asked [redacted] what was in his box (Allegation A). [redacted] informed him that it was a watch, but refused PO Moise's request to show him the contents of the box. Both officers exited their vehicle and stopped [redacted] (Allegation B).
[redacted] requested both officers' names and shield numbers. PO Moise allegedly responded, "You can have the badge number, but no names" (Allegation C). [redacted] observed PO Moise's shield number, but Sgt. Rosario allegedly did not have his shield visible and did not respond to [redacted]s requests for his name and shield number (Allegation D).
[redacted] attempted to record the officers with his cell phone, but PO Moise allegedly grabbed the phone and kept it until the end of the encounter (Allegation E). PO Moise frisked [redacted] and searched at least one of his pockets (Allegations F and G). [redacted] also alleged that PO Moise searched his box and the inside of his wallet (Allegation G, cont.). [redacted] disputed the legality of the officers' actions during the stop, and both officers allegedly threatened to arrest him (Allegations H and I). After the search, the officers released [redacted] with no arrest or summons. [redacted] typed the officers' license plate number and PO Moise's shield number into his phone after the officers let him go. Read report for details.


Details

Incident: January 12, 2016
Received: January 13, 2016
Closed: April 1, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: No arrest made or summons issued