Complaint #201808128,
August 31, 2018

Officer: Howe, Tyler
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Howe, Tyler
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Howe, Tyler
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Daverin, Henry
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Daverin, Henry
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Daverin, Henry
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Vukosa, Philippe
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Howe, Tyler Hispanic Male, 29 Abuse of Authority: Vehicle search Exonerated
Howe, Tyler Hispanic Male, 29 Abuse of Authority: Frisk Exonerated
Howe, Tyler Hispanic Male, 29 Abuse of Authority: Search (of person) Exonerated
Daverin, Henry Hispanic Male, 29 Abuse of Authority: Search (of person) Exonerated
Daverin, Henry Hispanic Male, 29 Abuse of Authority: Frisk Exonerated
Daverin, Henry Hispanic Male, 29 Abuse of Authority: Vehicle search Exonerated
Vukosa, Philippe Hispanic Male, 29 Abuse of Authority: Vehicle search 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.

Further details on conclusions.


Summary

On August 31, 2018, at approximately 2:40 p.m., [redacted] was driving his BMW 7-series in the vicinity of the intersection of Flushing Avenue and Humboldt Street in Brooklyn when he was pulled over by Police Officer Tyler Howe, Lieutenant Henry Daverin, and Police Officer Philippe Vukosa, all of the 90th Precinct, for allegedly failing to use his turn signal within 100 feet of a turn. The officers approached [redacted]'s vehicle on foot and smelled marijuana. PO Howe ordered [redacted] to exit his vehicle, which he did. PO Howe frisked [redacted] (Allegation A: Abuse of Authority, [redacted]). PO Howe allegedly entered [redacted]'s pockets (Allegation B: Abuse of Authority, [redacted]). PO Howe ordered [redacted] to walk to the rear of his vehicle and began searching [redacted]'s vehicle (Allegation C: Abuse of Authority, [redacted]). PO Howe recovered a stun-gun disguised as a flashlight, knowledge and ownership of which [redacted] acknowledged. At the rear of [redacted]'s vehicle, Lt. Daverin allegedly frisked and searched [redacted] again (Allegations D and E: Abuse of Authority, [redacted]). [redacted] was ordered to sit in the driver's seat, which he did. PO Howe searched [redacted]'s trunk (Subsumed within Allegation C). PO Vukosa and Lt. Daverin allegedly did so, too (Allegations F and G: Abuse of Authority, [redacted]). From a compartment in [redacted]'s trunk, PO Howe recovered an expandable baton, knowledge and ownership of which [redacted] denied. PO Howe arrested [redacted] without incident for [redacted] (Board Review 01). [redacted] Read report for details.


Details

Incident: August 31, 2018
Received: September 17, 2018
Closed: February 5, 2019

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 90th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected