Complaint #201607268,
August 23, 2016

Officer: Genao, Jose
Complainant: Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Genao, Jose
Complainant: Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Genao, Jose
Complainant: Male, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Genao, Jose Male, 32 Abuse of Authority: Stop Substantiated (Command Discipline A)
Genao, Jose Male, 32 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Genao, Jose Male, 32 Abuse of Authority: Search (of person) 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

Genao, Jose
Command Discipline - A

Summary

On August 23, 2016, between the hours of 1:30 p.m. and 3:00 p.m., [redacted] was standing in front of 228 Audubon Avenue in Manhattan, when a marked police vehicle stopped directly in front of him. Police Officer Jose Genao, Police Officer Leonel Checo, and Police Officer Michael McDonnel, all from the 33rd Precinct, exited the marked vehicle and approached [redacted] PO Genao allegedly said, "Where is the blunt you were packing?" and he asked [redacted] what he had in his pockets.
PO Genao then allegedly went "chest-to-chest" with [redacted] and he began to feel over all of the pockets of [redacted]'s cargo shorts (Allegation A and Allegation B). PO Genao then allegedly placed his hands in the top two pockets of [redacted]'s cargo shorts (Allegation C). After he did not find anything, PO Genao allegedly asked [redacted] for his identification. [redacted] provided his identification card. The officers then re-entered the marked police vehicle, and left.
[redacted]
[redacted] did not receive any summonses and he was not arrested as a result of this incident. Read report for details.


Details

Incident: August 23, 2016
Received: August 24, 2016
Closed: May 3, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 33rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Leonel Checo, Michael Mcdonnell
Video evidence collected