Complaint #201703884,
March 17, 2017

Officer: Martinez, Luis
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Allegation CCRB Conclusion
Martinez, Luis Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Martinez, Luis
Formalized Training

Summary

On March 17, 2017, at approximately 7:07 p.m., officers responded to a 911 call for a domestic dispute at [redacted] in the Bronx. [redacted] who is the superintendent of the building and the resident of [redacted], came down from working on an upstairs apartment and saw two police officers, identified as Police Officer Martha Nova and Police Officer Juan Trinidad from the 45th Precinct, inside his apartment, speaking to his girlfriend, [redacted]. As [redacted] approached his apartment, PO Trinidad ordered [redacted] away from the apartment door. On the patio of his apartment, PO Trinidad placed [redacted] in handcuffs. [redacted] stayed inside [redacted]'s apartment with PO Nova.
Approximately 20 minutes later, Sergeant Luis Martinez of Gun Violence Suppression Division Zone Two, who was assigned to the 45th Precinct at the time of the incident, responded to [redacted]'s apartment with two additional plainclothes officers, identified as Police Officer Carlos Perez and Police Officer Massiel Pages of the 45th Precinct. Sgt. Martinez went inside [redacted]'s apartment to interview [redacted]. Sgt. Martinez then approached [redacted] and asked for the key to get into the basement of his building. [redacted] refused and Sgt. Martinez grabbed [redacted]'s left hand that was holding his keys. [redacted] and Sgt. Martinez struggled as Sgt. Martinez attempted to get the keys from [redacted]. PO Trinidad then grabbed [redacted]'s upper arms and told him to give Sgt. Martinez his keys. [redacted] then complied with PO Trinidad's command and gave Sgt. Martinez his keys. [redacted] then watched Sgt. Martinez use his keys to gain entry into the building. Although [redacted] did not see where the officers went, he assumed that the officers then used his keys to gain entry to the boiler room in the basement, which he keeps locked. [redacted] later learned that a firearm and knife were recovered from the boiler room (Allegation A).
[redacted] was ultimately arrested for [redacted]. Read report for details.


Details

Incident: March 17, 2017
Received: May 16, 2017
Closed: September 22, 2017

Reason for contact: Report-domestic dispute
Location: Residential building
In NYPD 45th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Martha Nova, Massiel Pages, Carlos Perez, Juan Trinidad