Complaint #201600652,
January 5, 2016

Officer: Spitzbarth, Jason
Complainant: Black Male, 42
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Spitzbarth, Jason
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Spitzbarth, Jason
Complainant: Black Male, 42
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Spitzbarth, Jason
Complainant: Black Male, 42
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Spitzbarth, Jason
Complainant: Black Male, 42
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Furrs, Michael
Complainant: Black Male, 42
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Spitzbarth, Jason
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Furrs, Michael
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Furrs, Michael
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Board Conclusion
Spitzbarth, Jason Black Male, 42 Abuse of Authority: Stop Unsubstantiated
Spitzbarth, Jason Black Male, 42 Abuse of Authority: Frisk Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Spitzbarth, Jason Black Male, 42 Abuse of Authority: Search (of person) Unsubstantiated
Spitzbarth, Jason Black Male, 42 Abuse of Authority: Search (of person) Unsubstantiated
Spitzbarth, Jason Black Male, 42 Abuse of Authority: Stop Exonerated
Furrs, Michael Black Male, 42 Abuse of Authority: Search (of person) Unsubstantiated
Spitzbarth, Jason Black Male, 42 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Furrs, Michael Black Male, 42 Abuse of Authority: Frisk Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Furrs, Michael Black Male, 42 Abuse of Authority: Frisk Substantiated (Command Discipline A)

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

Furrs, Michael
Command Discipline - A
Command Discipline - A (Warned and Admonished) / Instructions

Summary

On January 5, 2016, around 2:30PM, [redacted] had just picked up his [redacted] son from school when he was approached by Sgt. Jason Spitzbarth and PO Michael Furrs of the 10th Precinct Conditions unit near the intersection of [redacted] in Manhattan (Allegation A). After asking [redacted] where he was coming from, Sgt. Spitzbarth entered [redacted]s right jeans pocket and retrieved his wallet and some stray bills and change (Allegation B). Sgt. Spitzbarth then frisked [redacted]s right side, patting down his chest, abdomen, and upper legs (Allegation C).
PO Furrs then entered [redacted]s left jeans pocket and retrieved his keys. He then entered [redacted]s top right jacket pocket and took out [redacted]s cell phone (Allegation D). He also frisked [redacted]s left side (Allegation E). After Sgt. Spitzbarth conducted a warrant check, [redacted] asked the officers why they stopped him. Sgt. Spitzbarth told [redacted] that they suspected him of selling drugs. [redacted] denied selling drugs to anyone. Sgt. Spitzbarth and PO Furrs released [redacted] without an arrest or summons.
On January 19, 2016, around 4:30PM, [redacted] who was alone, had just gone to visit his daughter at [redacted], a NYCHA building in the Chelsea residences. However, he found that his daughter was not home. As he exited the building, a sky-blue Ford Fusion rolled up to him. [redacted] peeked in the car and saw Sgt. Spitzbarth, PO Furrs, and PO Timothy White sitting inside.
Sgt. Spitzbarth asked [redacted] how he had gone into the building, as he saw that he entered without a key. [redacted] replied that he just followed someone inside, who held the door open for him. Sgt. Spitzbarth then said, "Okay. Get up against the fence" (Allegation F). Sgt. Spitzbarth then exited the car, approached [redacted] and entered his right jeans pocket again, taking out his wallet. He entered [redacted]s top right jacket pocket and retrieved his phone (Allegation G). Sgt. Spitzbarth and PO Furrs then frisked [redacted]s chest, sides, and upper legs on... Read report for details.


Details

Incident: January 5, 2016
Received: January 19, 2016
Closed: June 21, 2016
Last Updated: June 14, 2026

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 10th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Robert Karl, Timothy White
Video evidence collected