Complaint #201703385,
March 28, 2017

Officer: Rodriguez, Gabrielle
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Rodriguez, Gabrielle
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Rodriguez, Gabrielle
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Smith, Eric
Complainant: Hispanic Male, 40
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Eric
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Rodriguez, Gabrielle Hispanic Male, 40 Abuse of Authority: Question Exonerated
Rodriguez, Gabrielle Hispanic Male, 40 Abuse of Authority: Vehicle search Exonerated
Rodriguez, Gabrielle Hispanic Male, 40 Abuse of Authority: Vehicle stop Exonerated
Smith, Eric Hispanic Male, 40 Discourtesy: Word Unsubstantiated
Smith, Eric Hispanic Male, 40 Abuse of Authority: Vehicle stop 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 March 28, 2017 at approximately 4:20 p.m., [redacted] was driving on Tiffany Place in the Bronx in his personal vehicle, which contained dark tinted windows. Police Officer Gabrielle Rodriguez and Police Officer Eric Smith, both of the 41st Precinct observed [redacted] vehicle and activated the lights and sirens in their vehicle, pulling him over (Allegations A and B). The officers approached [redacted] vehicle and PO Rodriguez asked [redacted] a series of questions regarding himself and his vehicle. PO Rodriguez then asked, "nothing crazy in the car that we need to know about, right?" (Allegation C). [redacted] disclosed that he had two knives in his vehicle, and handed one to PO Rodriguez for inspection. PO Rodriguez tested one of the knives, determining that it was a gravity knife. PO Rodriguez asked [redacted] to step out of the vehicle, and he was placed under arrest. PO Rodriguez entered and searched [redacted] vehicle, recovering an additional knife in the process (Allegation D). While the search of his vehicle was occurring, [redacted] stood at the rear of his car with PO Smith. PO Smith ordered [redacted] to face away from his vehicle, and when [redacted] attempted to turn to look inside his vehicle, PO Smith allegedly said, "I said to turn the fuck around" (Allegation E). The officers transported [redacted] to the 41st Precinct stationhouse, where he was charged with [redacted]. Read report for details.


Details

Incident: March 28, 2017
Received: May 2, 2017
Closed: September 13, 2017

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 41st Precinct Bronx
Outcome: Arrest - other violation/crime

Video evidence collected