Complaint #201607782,
September 5, 2016

Officer: Cadavid, Laura
Complainant: Hispanic Female, 35
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Cabrera, Gerson
Complainant: Hispanic Female, 61
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Smith, Michael
Complainant: Hispanic Female, 35
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Instructions
Officer: Smith, Michael
Complainant: Hispanic Female, 61
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Instructions
Officer: Maria, Daniel
Complainant: Female
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Smith, Michael
Complainant: Hispanic Female, 35
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Smith, Michael
Complainant: Hispanic Female, 35
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Cadavid, Laura
Complainant: Hispanic Female, 35
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Cadavid, Laura Hispanic Female, 35 Abuse of Authority: Frisk Unsubstantiated
Cabrera, Gerson Hispanic Female, 61 Abuse of Authority: Search (of person) Substantiated (Formalized Training)
Smith, Michael Hispanic Female, 35 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
NYPD Disposition: Instructions
Smith, Michael Hispanic Female, 61 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
NYPD Disposition: Instructions
Maria, Daniel Female Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Smith, Michael Hispanic Female, 35 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Smith, Michael Hispanic Female, 35 Abuse of Authority: Question Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Cadavid, Laura Hispanic Female, 35 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.


Penalties

Smith, Michael
Command Discipline - A

Cabrera, Gerson
Instructions

Maria, Daniel
Instructions

Summary

On September 5, 2016, at approximately 1:00 p.m., [redacted] exited a methadone clinic located at [redacted] in the Bronx. [redacted] was given a methadone bottle to use over the week which she placed inside of her black backpack prior to exiting the methadone clinic. [redacted] walked to a deli on the corner of East 162nd Street and Morris Avenue when [redacted] saw an unmarked black Chevrolet Impala drive up Morris Avenue. The driver of the vehicle briefly looked at [redacted] but did not say anything. After buying food at the deli, [redacted] sat behind the Bronx Supreme Courthouse located at 265 East 161st Street, where [redacted] were waiting for them. Approximately three minutes later, Police Officers Michael Smith, Gerson Cabrera, and Daniel Maria of the 44th Precinct approached [redacted] Police Officer Smith questioned the individuals as to what they were doing in the area and what items were inside of their bags and stopped them (Allegations A and B). Police Officer Smith took [redacted] s black backpack, searched the bag, took out the methadone bottle and then replaced the bottle back inside of the bag (Allegation C). Police Officer Cabrera and Police Officer Smith searched [redacted] s black leather medication bag (Allegations D and E). Police Officer Maria searched [redacted] s bag (Allegation F).
Police Officers Laura Cadavid and Dwayne Harris of the 44th Precinct were called to the location. Soon after, [redacted] entered into a seizure. Police Officer Cadavid frisked [redacted] as she was having a seizure (Allegation G). An ambulance arrived to the location and [redacted] was placed inside. Police Officer Cadavid allegedly frisked (within Allegation G) and searched [redacted] while inside of the ambulance (Allegation H). [redacted] was transported to [redacted]. Read report for details.


Details

Incident: September 5, 2016
Received: September 12, 2016
Closed: April 18, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Dywayne Harris