Complaint #201900379,
December 20, 2018

Officer: Alvarado, Andrew
Complainant: Hispanic Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Ferguson, Scott
Complainant: Hispanic Male, 29
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Modica, Joseph
Complainant: Hispanic Male, 29
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Alvarado, Andrew
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Alvarado, Andrew
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Alvarado, Andrew
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Modica, Joseph
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Modica, Joseph
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Modica, Joseph
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Alvarado, Andrew
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Burke, Timothy
Complainant: Hispanic Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Offensive Language: Race
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer Complainant Allegation CCRB Conclusion
Alvarado, Andrew Hispanic Male, 29 Discourtesy: Word Substantiated (Formalized Training)
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Property damaged Officer(s) Unidentified
Ferguson, Scott Hispanic Male, 29 Force: Nonlethal restraining device Exonerated
Modica, Joseph Hispanic Male, 29 Force: Nonlethal restraining device Exonerated
Alvarado, Andrew Hispanic Male, 29 Abuse of Authority: Forcible Removal to Hospital Exonerated
Alvarado, Andrew Abuse of Authority: Search of Premises Exonerated
Alvarado, Andrew Abuse of Authority: Entry of Premises Exonerated
Modica, Joseph Abuse of Authority: Entry of Premises Exonerated
Modica, Joseph Abuse of Authority: Search of Premises Exonerated
Modica, Joseph Hispanic Male, 29 Abuse of Authority: Forcible Removal to Hospital Exonerated
Alvarado, Andrew Hispanic Male, 29 Abuse of Authority: Search of Premises Substantiated (Formalized Training)
Burke, Timothy Hispanic Male, 29 Discourtesy: Word Substantiated (Command Lvl Instructions)
Unknown Officer Hispanic Male, 25-29 Offensive Language: Race Unfounded
Recategorized as Offensive Language: Other on December 9, 2024

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.
'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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Burke, Timothy
Instructions

Alvarado, Andrew
Instructions

Summary

At approximately 10:07 p.m. on December 20, 2018, Police Officer [redacted] Modica and Police Officer Andrew Alvarado of the 44th Precinct entered and searched [redacted] in the Bronx (Allegations A-D: Abuse of Authority, [redacted]). PO Alvarado spoke discourteously to [redacted] (Allegation E: Discourtesy, [redacted]). PO Modica and PO Alvarado forcibly removed [redacted] to the hospital (Allegations F and G, Abuse of Authority, [redacted]). PO Modica and Police Officer Scott Ferguson of the 44th Precinct used a Taser against [redacted] (Allegations H and I: Force, [redacted]). Officers allegedly damaged [redacted] property (Allegation J: Abuse of Authority, [redacted]). Sergeant Timothy Burke of the 44th Precinct spoke discourteously to [redacted] (Allegation K: Discourtesy, [redacted]). Officers allegedly made remarks to [redacted] based upon race (Allegation L: Offensive Language, [redacted]). PO Alvarado searched a binder containing [redacted] personal documents (Allegation M: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: December 20, 2018
Received: January 11, 2019
Closed: May 15, 2020
Last Updated: December 11, 2024

Reason for contact: C/V telephoned PCT
Location: Apartment/house
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Ana Alba, Karyn Soto
Body-Worn Camera evidence collected
Video evidence collected