Complaint #201807540,
August 29, 2018

Officer: Unknown Officer
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Officer(s) Unidentified
Officer: Solis, Lukasz
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Berkowitz, Harrison
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Berkowitz, Harrison
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Solis, Lukasz
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Officer(s) Unidentified
Officer: Devane, James
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Devane, James
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Devane, James
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Devane, James
Complainant: Black Male, 42
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Search (of person) Officer(s) Unidentified
Unknown Officer Black Male, 40-44 Abuse of Authority: Search (of person) Officer(s) Unidentified
Unknown Officer Abuse of Authority: Vehicle stop Officer(s) Unidentified
Solis, Lukasz Black Male, 42 Abuse of Authority: Refusal to provide name Unsubstantiated
Berkowitz, Harrison Black Male, 42 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Berkowitz, Harrison Black Male, 42 Abuse of Authority: Refusal to provide name Unsubstantiated
Solis, Lukasz Black Male, 42 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Unknown Officer Black Male, 40-44 Abuse of Authority: Vehicle stop Officer(s) Unidentified
Devane, James Black Male, 42 Abuse of Authority: Refusal to provide name Unsubstantiated
Devane, James Black Male, 42 Abuse of Authority: Refusal to provide name Unsubstantiated
Devane, James Black Male, 42 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Devane, James Black Male, 42 Abuse of Authority: Refusal to provide shield number Substantiated (Command Lvl Instructions)

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Devane, James
Filed
Resigned

Summary

On August 28, 2018, at approximately 3:25 p.m. [redacted] was in an argument with another party, [redacted] at the intersection of Beach 20th Street and Mott Avenue in Queens. [redacted] contacted the police, and Police Officer James Devane, Police Officer Lukasz Solis and Sergeant Harrison Berkowitz, all of the 101st Precinct Anti-Crime team arrived on scene. They apprehended [redacted] who asked for their names and shield numbers, which they allegedly did not provide (Allegations A-F-Abuse of Authority-Refusal to Provide Name and Refusal to Provide Shield Number; [redacted] was then taken to the 101st Precinct stationhouse, where he was lodged in the holding cell with [redacted] and, eventually, [redacted] While [redacted] was in the holding cells, he requested Police Officer Devane's name and shield number. Police Officer Devane allegedly provided neither his name nor his shield number (Allegations G- Abuse of Authority- Refusal to provide Name; [redacted] (Allegation H- Abuse of Authority-Refusal to Provide Shield Number; [redacted]
On an unknown date in 2018, [redacted] was a passenger in a van. Unidentified officers allegedly stopped the van and searched him and other passengers (Allegations I and J- Abuse of Authority- Vehicle Stop; [redacted] 1) (Allegations K and L: Abuse of Authority- Search of Person; [redacted] Read report for details.


Details

Incident: August 29, 2018
Received: September 13, 2018
Closed: May 14, 2019

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Nicholas Velotti
Video evidence collected