| Officer: | Vivar, Vicente |
|---|---|
| Complainant: | Asian Male, 39 |
| Allegation: | Abuse of Authority: Vehicle search |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Vivar, Vicente |
| Complainant: | Asian Male, 39 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Substantiated (Formalized Training) |
| Officer: | Vivar, Vicente |
| Complainant: | Asian Male, 39 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Substantiated (Formalized Training) |
| Officer: | Vivar, Vicente |
| Complainant: | Asian Male, 39 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Vivar, Vicente |
| Complainant: | Asian Male, 39 |
| Allegation: | Abuse of Authority: Question |
| CCRB Conclusion: | Exonerated |
| Officer: | Tarver, Richard |
| Complainant: | Asian Male, 39 |
| Allegation: | Abuse of Authority: Question |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Vivar, Vicente | Asian Male, 39 | Abuse of Authority: Vehicle search | Unsubstantiated |
| Vivar, Vicente | Asian Male, 39 | Abuse of Authority: Frisk | Substantiated (Formalized Training) |
| Vivar, Vicente | Asian Male, 39 | Abuse of Authority: Stop | Substantiated (Formalized Training) |
| Vivar, Vicente | Asian Male, 39 | Abuse of Authority: Search (of person) | Unsubstantiated |
| Vivar, Vicente | Asian Male, 39 | Abuse of Authority: Question | Exonerated |
| Tarver, Richard | Asian Male, 39 | Abuse of Authority: Question | Exonerated |
Further details on conclusions.
On June 3, 2016, at approximately 7:40 pm, [redacted] stood beside his parked vehicle on Springfield Boulevard and 146th Avenue in Queens and smoked what he said was a tobacco cigarette. As [redacted] threw the butt of this cigarette on the ground in front of him, PO Vicente Vivar and PO Richard Tarver, both in uniform and of the 105th Precinct, passed by in a marked RMP driven by PO Tarver. Both officers smelled the odor of marijuana, and PO Tarver promptly turned the vehicle around to approach [redacted].
Upon exiting the vehicle, PO Vivar and PO Tarver approached [redacted] and questioned him about whether he had been smoking marijuana (Allegation A, Allegation B), which [redacted] denied. PO Vivar and [redacted] then continued to engage in a back and forth of PO Vivar accusing [redacted] of smoking marijuana and [redacted] denying it and stating instead that he was smoking a tobacco cigarette.
PO Vivar then instructed [redacted] to empty his pockets (Allegation C, Allegation D), and stand with his hands atop the roof of his car. [redacted] did so without hesitation, and removed coins and his car keys from his right pants pocket, house keys and his phone from his left pants pocket, and cash from his back pocket. [redacted] stood with his hands atop his car, at which point PO Vivar frisked him from head to toe (Allegation E); neither officer went inside [redacted]s pockets or under his clothing. Following the frisk, PO Vivar asked [redacted] for his license and identification. PO Vivar then instructed [redacted] to open the trunk of the vehicle and to present the items inside for PO Vivar's viewing (Allegation F).
PO Vivar issued [redacted] summons #[redacted] for a [redacted] (Board Review 01)
Read report for details.