Complaint #201901368,
February 2, 2019

Officer: Rivera, Jonathan
Complainant: Male, 24
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Cepeda, Jose
Complainant: Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Cepeda, Jose
Complainant: Male, 24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Convery, Tara
Complainant: Male, 24
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Convery, Tara
Complainant: Male, 24
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Convery, Tara
Complainant: Male, 24
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Rivera, Jonathan
Complainant: Black Male, 24
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Cepeda, Jose
Complainant: Male, 24
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Rivera, Jonathan Male, 24 Abuse of Authority: Strip-searched Exonerated
Cepeda, Jose Male, 24 Abuse of Authority: Frisk Exonerated
Cepeda, Jose Male, 24 Abuse of Authority: Search (of person) Exonerated
Convery, Tara Male, 24 Abuse of Authority: Property damaged Unsubstantiated
Convery, Tara Male, 24 Abuse of Authority: Vehicle search Exonerated
Convery, Tara Male, 24 Abuse of Authority: Vehicle stop Exonerated
Rivera, Jonathan Black Male, 24 Abuse of Authority: Strip-searched Exonerated
Cepeda, Jose Male, 24 Abuse of Authority: Vehicle stop 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.
'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.


Summary

On February 2, 2019, at approximately 3 p.m., at the intersection of [redacted] in the Bronx, PO Tara Convery and PO Jose Cepeda, both of the 52nd Precinct at the time of this incident, stopped [redacted] who was in a car with [redacted] for driving with excessive tints (Allegations A and B: Abuse of Authority – Vehicle Stop, [redacted]). PO Cepeda asked [redacted] to step out of the car, and, as soon as [redacted] got out of the car, PO Cepeda patted down the exterior of his clothes (Allegation C: Abuse of Authority – Frisk, [redacted]) and reached into his pockets, removing two cell phones (Allegation D: Abuse of Authority – Search (of person), [redacted]). At the same time, PO Convery looked inside the interior of the car (Allegation E: Abuse of Authority Vehicle Search, [redacted]). When PO Convery was looking in the back-passenger area of the car, she allegedly damaged a cup holder located within the back-seating panel of the car (Allegation F: Abuse of Authority – Property Damage, [redacted]).
PO Cepeda and PO Convery drove [redacted] and [redacted] back to the 52nd Precinct stationhouse, where Sgt. Rivera authorized PO Cepeda and PO Ryan Lawrence, also of the 52nd Precinct, to perform strip-searches of both [redacted] and [redacted] (Allegations G and H: Abuse of Authority – Strip-Search, [redacted]).
The CCRB found evidence suggesting that Sgt. Rivera provided a false official statement on December 18, 2019, when he provided a memo book (BR 01) which included entries not contained in the memo book obtained earlier from IAB (BR 02). (Allegation L: Other Misconduct – False Official Statement). This was referred to IAB under CCRB case number 201910831 on December 24, 2019.
[redacted] (BR 03 and BR 04) and [redacted] (BR 05) were both arrested as a result of this incident. Read report for details.


Details

Incident: February 2, 2019
Received: February 13, 2019
Closed: May 15, 2020

Reason for contact: Moving violation
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Ryan Lawrence, Corey Williams
Body-Worn Camera evidence collected
Video evidence collected