Complaint #201608258,
September 26, 2016

Officer: Alba, Michael
Complainant: Black Female, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Alba, Michael
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Alba, Michael
Complainant: Black Female, 23
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Herz, Kenneth
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Alba, Michael Black Female, 23 Discourtesy: Word Exonerated
Alba, Michael Abuse of Authority: Premises entered and/or searched Exonerated
Alba, Michael Black Female, 23 Abuse of Authority: Threat of arrest Unsubstantiated
Herz, Kenneth Abuse of Authority: Premises entered and/or searched Exonerated

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.
'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.


Summary

On September 26, 2016, at 4:29 a.m., Police Officers Michael Alba and Kenneth Herz of Public Service Area 3 responded to [redacted]'s home at [redacted] in Brooklyn, to assist EMTs [redacted] and [redacted] who were unable to gain entry to the apartment. [redacted] who was residing in the apartment, had called EMTs to the location to assist his wife, [redacted] who was experiencing contractions and bleeding relating to her pregnancy.
[redacted] was woken up by the noise of Police Officer Alba knocking on the front door and opened the door to speak with the officers. [redacted] informed the officers that she did not want any males to enter the apartment because [redacted] was not fully clothed. At this time, EMT [redacted] entered the apartment, followed by Police Officers Alba and Herz and EMT [redacted] (Allegations A and B). [redacted] objected to the officers entering and told them that they could not be in her home without a warrant. Police Officer Alba allegedly replied that he did not "fucking care" (Allegation C). [redacted] informed Police Officer Alba that her son was asleep in another room and he allegedly replied that he "did not give a fuck" (within Allegation C).
Police Officer Alba conducted a check for any open warrants associated with the location and told [redacted] that she could be arrested for not providing identification to verify her identity (Allegation D). The officers left after the female EMT confirmed that [redacted] was healthy and could remain in the apartment. Read report for details.


Details

Incident: September 26, 2016
Closed: February 24, 2017

Reason for contact: Aided case
Location: NYCHA
In NYPD 90th Precinct Brooklyn
Outcome: No arrest made or summons issued