Complaint #201609510,
November 15, 2016

Officer: Capo, Jesus
Complainant: White Male, 23
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Capo, Jesus
Complainant: White Male, 23
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Capo, Jesus
Complainant: White Male, 23
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Capo, Jesus
Complainant: White Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Varice, Jerry
Complainant: White Male, 23
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Capo, Jesus
Complainant: White Male, 23
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Capo, Jesus White Male, 23 Abuse of Authority: Search (of person) Unsubstantiated
Capo, Jesus White Male, 23 Abuse of Authority: Vehicle search Unsubstantiated
Capo, Jesus White Male, 23 Abuse of Authority: Frisk Unsubstantiated
Capo, Jesus White Male, 23 Discourtesy: Word Unsubstantiated
Varice, Jerry White Male, 23 Abuse of Authority: Vehicle search Unsubstantiated
Capo, Jesus White Male, 23 Abuse of Authority: Question Unsubstantiated

Conclusion Meanings:

'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 November 15, 2016, at approximately 9:40 p.m., Det. Jesus Capo, PO Jerry Varice and Sgt. Lopezmaceda, from the 28th Precinct, observed [redacted] speed off from the intersection of West 116th Street and Morningside Avenue, in Manhattan. [redacted] proceeded to run a steady red light and swerve around several vehicles, at which time the officers pulled [redacted] over. Det. Capo observed marijuana and a utility knife inside of [redacted]'s vehicle, while PO Varice observed prescription pill bottles with the labels scratched off. [redacted] was asked to step out of his vehicle, at which point Det. Capo asked him what he had inside (Allegation A). Det. Capo and PO Varice then searched the inside of the vehicle, focusing on the driver's seat, front passenger seat, center console and backseat (Allegation B and C). Det. Capo subsequently frisked and searched [redacted] (Allegation D and E). At the end of this incident, as the officers were preparing to leave the scene, Det. Capo stated to [redacted] "Tell me I'm an asshole. Before I leave, tell me I'm an asshole" (Allegation F). [redacted] was not arrested but issued a summons for [redacted] Read report for details.


Details

Incident: November 15, 2016
Closed: February 22, 2017

Reason for contact: Moving violation
Location: Street/highway
In NYPD 28th Precinct Manhattan
Outcome: Moving violation summons issued

Witness Officers: Iran Lopezmaceda