Complaint #201900799,
January 27, 2019

Officer: Nicoletti, Joseph
Complainant: Black Male, 33
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Nicoletti, Joseph
Complainant: Black Male, 33
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Nicoletti, Joseph
Complainant: Black Male, 33
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Nicoletti, Joseph
Complainant: Black Male, 33
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Nicoletti, Joseph
Complainant: Black Male, 33
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Schmitt, Stephen
Complainant: Black Male, 33
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Schmitt, Stephen
Complainant: Black Male, 33
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Schmitt, Stephen
Complainant: Black Male, 33
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Schmitt, Stephen
Complainant: Black Male, 33
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Nicoletti, Joseph Black Male, 33 Abuse of Authority: Vehicle stop Exonerated
Nicoletti, Joseph Black Male, 33 Abuse of Authority: Search (of person) Unsubstantiated
Nicoletti, Joseph Black Male, 33 Abuse of Authority: Frisk Unsubstantiated
Nicoletti, Joseph Black Male, 33 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Nicoletti, Joseph Black Male, 33 Abuse of Authority: Question Unsubstantiated
Schmitt, Stephen Black Male, 33 Abuse of Authority: Vehicle search Unsubstantiated
Schmitt, Stephen Black Male, 33 Abuse of Authority: Vehicle stop Exonerated
Schmitt, Stephen Black Male, 33 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Schmitt, Stephen Black Male, 33 Abuse of Authority: Question 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

Schmitt, Stephen
Instructions

Nicoletti, Joseph
Instructions

Summary

On January 27, 2019, at approximately 12:15 a.m., Police Officer Joseph Nicoletti and Police Officer Stephen Schmitt of the 71st Precinct Anti-Crime squad stopped [redacted] vehicle on Eastern Parkway between Utica Avenue and Rochester Avenue in Brooklyn (Allegations A and B: Abuse of Authority, [redacted]) PO Nicoletti and PO Schmitt questioned [redacted] (Allegations C and D: Abuse of Authority, [redacted]) PO Schmitt searched [redacted] vehicle (Allegation E: Abuse of Authority, [redacted]) PO Nicoletti frisked and searched [redacted] (Allegations F and G: Abuse of Authority, [redacted]) PO Nicoletti and PO Schmitt failed to provide [redacted] with business cards as required by the Right to Know Act (Allegations H and I: Abuse of Authority, [redacted]) was not arrested or issued a summons. [redacted] Read report for details.


Details

Incident: January 27, 2019
Closed: November 25, 2019

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 71st Precinct Brooklyn
Outcome: No arrest made or summons issued

Video evidence collected