Complaint #201803472,
April 27, 2018

Officer: Rodriguez, Jose
Complainant: Black Male, 53
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Unsubstantiated
Officer: Oneill, Kellan
Complainant: Black Male, 53
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Oneill, Kellan
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Rodriguez, Jose Black Male, 53 Abuse of Authority: Refusal to show search warrant Unsubstantiated
Oneill, Kellan Black Male, 53 Abuse of Authority: Refusal to show search warrant Unsubstantiated
Unknown Officer Abuse of Authority: Entry of Premises Exonerated
Oneill, Kellan Abuse of Authority: Search of Premises 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 April 27, 2018, at approximately 7:30am, officers from the Emergency Services Unit of the New York City Police Department broke down the door to [redacted], in Brooklyn, which is Department of Health Services managed building. The officers entered the apartment, which was a single-room occupancy apartment, shouting "where's the fucking guns, where's the fucking dope" towards both [redacted] and [redacted] and pointed their weapons at the aforementioned individuals (Allegation A: Abuse of Authority: [redacted]). The officers from ESU proceeded to handcuff [redacted] and [redacted].
Immediately upon ESU officers entering his apartment, [redacted] requested to see the warrant from these officers. After this request occurred, PO Kellen O'Neill of Police Service Area 3 entered the apartment. He informed [redacted] that his apartment was going to be searched. Sergeant Jose Rodriguez of the NYPD Intelligence Criminal Section was downstairs and went upstairs to oversee the search of the apartment. [redacted] and [redacted] were then transported to a police vehicle outside of the building, and placed in the back of the vehicle. [redacted] and [redacted] requested to see the search warrant from an unidentified officer inside this vehicle. After approximately thirty minutes, PO O'Neill returned to the vehicle. He informed [redacted] and [redacted] that marijuana had been recovered from the apartment (Allegation B: Abuse of Authority: [redacted]). [redacted] stated that the marijuana was his. [redacted] requested to see the warrant from PO O'Neill at that point, PO O'Neill informed him that the officers were from the District Attorney's office and that he would get it. Ultimately, PO O'Neill did not show the warrant as requested. During his CCRB interview, Sgt. Jose Rodriguez, the supervising officer during the execution of the search warrant testified that he presented [redacted] with a copy of the search warrant (Allegations C and D: Abuse of Authority, [redacted]). [redacted] was then uncuffed and allowed to return... Read report for details.


Details

Incident: April 27, 2018
Received: May 4, 2018
Closed: January 16, 2019

Reason for contact: Execution of search warrant
Location: Residential building
In NYPD 94th Precinct Brooklyn
Outcome: Arrest - other violation/crime