Complaint #201602547,
March 27, 2016

Officer: Rivera, Henry
Complainant: Black Male, 27
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Smith, Jason
Complainant: Black Male, 27
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Rivera, Henry
Complainant: Black Male, 27
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Rivera, Henry
Complainant: Black Male, 27
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Rivera, Henry Black Male, 27 Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Substantiated
Smith, Jason Black Male, 27 Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Substantiated
Rivera, Henry Black Male, 27 Abuse of Authority: Frisk Substantiated (Formalized Training)
Rivera, Henry Black Male, 27 Abuse of Authority: Search (of person) 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

Rivera, Henry
Formalized Training

Summary

On March 27, 2016, at approximately 8:45 p.m., [redacted] attempted to unlock and drive his brother's green taxicab in order to move it from its parking spot at the intersection of [redacted] in Brooklyn. [redacted] was unable to open the door of the taxicab despite possessing the keys due to a malfunction. As [redacted] stepped back from the taxicab, PO Jason Smith and PO Henry Rivera of the 73rd Precinct pulled over in an unmarked police car. The officers approached [redacted] and stopped him on suspicion of attempting to break into the car (Allegations A and B). PO Rivera frisked [redacted] (Allegation C). PO Rivera also allegedly searched him (Allegation D). Both PO Smith and PO Rivera then returned to their vehicle without arresting or issuing [redacted] any summonses. [redacted] Read report for details.


Details

Incident: March 27, 2016
Received: March 28, 2016
Closed: July 26, 2016

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: No arrest made or summons issued