Complaint #201601072,
February 2, 2016

Officer: Green, Brian
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Green, Brian
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Green, Brian
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Green, Brian
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Green, Brian
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Garrett, Shaun
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Pinney, Adlai
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Green, Brian Hispanic Male, 45 Abuse of Authority: Search (of person) Unsubstantiated
Green, Brian Hispanic Male, 45 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Green, Brian Hispanic Male, 45 Abuse of Authority: Threat of arrest Unsubstantiated
Green, Brian Hispanic Male, 45 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
Green, Brian Hispanic Male, 45 Abuse of Authority: Vehicle stop Unsubstantiated
Garrett, Shaun Hispanic Male, 45 Abuse of Authority: Vehicle stop Unsubstantiated
Pinney, Adlai Hispanic Male, 45 Abuse of Authority: Vehicle stop 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.


Penalty

Green, Brian
Formalized Training

Summary

At approximately 9:30 p.m. on February 2, 2016, [redacted] was driving along the Grand [redacted] Concourse, near the intersection with Van Cortlandt Street, in the Bronx. He was pulled over by three plainclothes officers in an unmarked sedan: Sgt. Shaun Garrett, Det. Brian Green and PO Adlai Pinney of the Bronx Gang Squad (Allegations A, B and C). Det. Green approached [redacted] at the driver's seat and asked him to exit the vehicle. Once [redacted] stepped out, Det. Green frisked him around his waistband and his jacket and pants pockets (Allegation D). He then reached into [redacted]s front-right pants pocket (Allegation E). Nothing was recovered from him. Det. Green then walked [redacted] to the rear of the vehicle. There, Sgt. Garrett informed him that he had an open warrant. As Sgt. Garrett spoke to [redacted], Det. Green leaned into the front driver's seat of [redacted]'s car and searched the interior (Allegation F). Nothing was removed from the vehicle. At the rear of the car, [redacted] complained that he was being stopped for no reason. Det. Green then asked him, "You have a warrant. Do you want me to arrest you?" (Allegation G). [redacted] replied that if the officers wanted to arrest him, then they should go ahead and arrest him. The officers ultimately did not issue [redacted] summons or arrest him, and instead released him with a warning and admonishment.
This case was submitted for review approximately three months beyond the 90-day benchmark. The case was delayed due to difficulty in obtaining documents from the Bronx Gang Squad. The initial document requests to the command was lost after it was received at the IAB liason, and had to be resubmitted almost a month later. Subsequent document requests were not returned for several months after their initial submission. Finally, the Gang Squad provided roll calls for only a select number of the squads that were on duty at the time of the incident. It was not determined that there were additional roll calls available until approximately four months... Read report for details.


Details

Incident: February 2, 2016
Received: February 9, 2016
Closed: October 7, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: No arrest made or summons issued