Complaint #201602686,
March 23, 2016

Officer: Garcia, Felix
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Garcia, Felix
Complainant: Black Female, 24
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Powers, Michael
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Garcia, Felix
Complainant: Black Female, 24
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer Complainant Allegation CCRB Board Conclusion
Garcia, Felix Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Garcia, Felix Black Female, 24 Abuse of Authority: Threat to damage/seize property Unsubstantiated
Powers, Michael Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)
Garcia, Felix Black Female, 24 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Discipline B)
CCRB Investigator Recommendation: Unsubstantiated
NYPD Disposition: No Disciplinary Action-DUP

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

Powers, Michael
Command Discipline - A

Garcia, Felix
Command Discipline - A

Summary

On March 23, 2016, at approximately 5:56 a.m. Detective Felix Garcia, Sergeant Michael Powers and Detective Jason Maggio arrived at [redacted] in Manhattan in relation to the Det. Garcia's investigation of [redacted] (BR 01; BR 02). Through his investigation Det. Garcia determined that [redacted] sister, [redacted] lived in the building. Det. Maggio stood outside [redacted]'s apartment window and Det. Garcia and Sgt. Powers entered the building. Det. Garcia spoke with security guard [redacted] and determined that [redacted] lived in [redacted]. [redacted] was awoken by Det. Garcia knocking on her apartment door. [redacted]'s boyfriend [redacted] and daughter [redacted] were also present in the apartment. [redacted] answered the door and had a conversation with Det. Garcia through the closed door. [redacted] called her mother, [redacted] on her cell phone. Det. Garcia allegedly threatened to break the door down (Allegation A). [redacted] unlocked the door and Det. Garcia and Sgt. Powers entered and allegedly searched the apartment (Allegations B and C). [redacted] requested Det. Garcia's name and shield number, and Det. Garcia allegedly did not respond to [redacted]'s request (Allegation D). Det. Maggio later entered [redacted]'s apartment. Det. Garcia checked [redacted]'s identity and determined that [redacted] was not in the apartment, but obtained no information about [redacted]'s whereabouts. [redacted] requested that officers leave her apartment. Det. Garcia, Sgt. Powers and Det. Maggio left [redacted]'s apartment. Before exiting the building, Det. Garcia had a conversation with [redacted] in the building hallway about [redacted] (BR 03). Read report for details.


Details

Incident: March 23, 2016
Received: March 30, 2016
Closed: July 13, 2016

Reason for contact: Execution of arrest/bench warrant
Location: Apartment/house
In NYPD 25th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Jason Maggio