Complaint #201809917,
November 29, 2018

Officer: Buck, Andrew
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Buck, Andrew
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Buck, Andrew
Complainant: Asian Female, 28
Allegation: Offensive Language: Ethnicity
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Schwartz, Steven
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Buck, Andrew
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Schwartz, Steven
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Buck, Andrew
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Schwartz, Steven
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Buck, Andrew
Complainant: Asian Female, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Schwartz, Steven
Complainant: Asian Female, 28
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Buck, Andrew Asian Female, 28 Abuse of Authority: Vehicle stop Unsubstantiated
Buck, Andrew Asian Female, 28 Abuse of Authority: Threat of arrest Unsubstantiated
Buck, Andrew Asian Female, 28 Offensive Language: Ethnicity Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Schwartz, Steven Asian Female, 28 Abuse of Authority: Vehicle stop Unsubstantiated
Buck, Andrew Asian Female, 28 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Schwartz, Steven Asian Female, 28 Abuse of Authority: Threat of arrest Exonerated
Buck, Andrew Asian Female, 28 Abuse of Authority: Threat of arrest Exonerated
Schwartz, Steven Asian Female, 28 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Buck, Andrew Asian Female, 28 Discourtesy: Word Unsubstantiated
Schwartz, Steven Asian Female, 28 Abuse of Authority: Threat of arrest Unsubstantiated

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.
'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.


Penalties

Buck, Andrew
Instructions

Schwartz, Steven
Instructions

Summary

On November 29, 2018, at approximately 11:05 a.m., in the vicinity of East Broadway between Market Street and Catherine Street in Manhattan, Police Officer Andrew Buck and Police Officer Steven Schwartz of the 5th Precinct, stopped [redacted] who was driving her boyfriend's car, PO Max Cheung of the 5th Precinct. (Allegation A and B: Abuse of Authority, [redacted]). The vehicle had a NYPD placard on the dashboard. When the officers approached [redacted] in the vehicle, PO Buck allegedly asked [redacted] "What the fuck are you doing?" and told [redacted] to, "Shut the fuck up right now" when she attempted to ask why she was being stopped (Allegation C: Discourtesy, [redacted]). PO Buck then allegedly said, "You're not a police officer. You are impersonating a cop, you can be arrested" (Allegation D: Abuse of Authority, [redacted]). Immediately after, PO Schwartz allegedly said, "You know we can take you in and lock you up right now" (Allegation E: Abuse of Authority, [redacted]). When [redacted] explained that she was driving her boyfriend's car, PO Buck allegedly said, "You need to shut the fuck up right now or I will lock you up" (Discourtesy, subsumed in Allegation C) (Allegation F Abuse of Authority, [redacted]). When [redacted] asked why she had been pulled over, PO Schwartz allegedly said, "You need to shut up right now and stop talking back to us. Do you want to be arrested? (Allegation G Abuse of Authority, unsubstantiated). Before letting [redacted] off with a warning, PO Buck allegedly said, "Learn how to drive you Chinese woman" (Allegation H: Offensive Language, [redacted]). PO Buck and PO Schwartz failed to provide [redacted] with Right To Know Act Cards (Allegations I and J, [redacted]). Read report for details.


Details

Incident: November 29, 2018
Closed: June 4, 2019
Last Updated: December 11, 2024

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 5th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Chiho Chan