Complaint #201901960,
February 26, 2019

Officer: Laborde, Michael
Complainant: Male, 21
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Laborde, Michael
Complainant: Male, 21
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Laborde, Michael
Complainant: Male, 21
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Laborde, Michael
Complainant: Male, 21
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Laborde, Michael
Complainant: Male, 21
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Familia, Javier
Complainant: Male, 21
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Laborde, Michael
Complainant: Male, 21
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Exonerated
Officer: Familia, Javier
Complainant: Male, 21
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Laborde, Michael Male, 21 Abuse of Authority: Vehicle search Exonerated
Laborde, Michael Male, 21 Abuse of Authority: Search (of person) Exonerated
Laborde, Michael Male, 21 Force: Gun Pointed Exonerated
Laborde, Michael Male, 21 Abuse of Authority: Frisk Exonerated
Laborde, Michael Male, 21 Abuse of Authority: Threat of arrest Exonerated
Familia, Javier Male, 21 Abuse of Authority: Interference with recording Exonerated
Laborde, Michael Male, 21 Abuse of Authority: Interference with recording Exonerated
Familia, Javier Male, 21 Abuse of Authority: Search of recording device 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.
'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 26, 2019, at approximately 11:00 p.m., [redacted] was driving his car when Lieutenant Javier Familia, Police Officer Michael Laborde, and Police Officer Michael Gagliardo, all from the 23rd Precinct, pulled him over at the intersection of Third Avenue and 112th Street in Manhattan. PO Laborde pointed his gun at the car as he approached and ordered [redacted] out of the vehicle (Allegation A: Force, [redacted]). PO Laborde frisked and searched [redacted] (Allegations B-C: Abuse of Authority, [redacted]). PO Laborde searched [redacted]'s vehicle (Allegation D: Abuse of Authority, [redacted]). Lt. Familia told [redacted] to put his phone away and then took the phone out of [redacted]'s hand (Allegation E: Abuse of Authority, [redacted]). [redacted] alleged that Lt. Familia intentionally ended the recording on his phone (Allegation F: Abuse of Authority, [redacted]). PO Laborde issued [redacted] a summons for having illegally tinted windows. PO Laborde told [redacted] to put his phone down and threatened to arrest [redacted] (Allegation G-H: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: February 26, 2019
Received: March 5, 2019
Closed: March 19, 2020

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 23rd Precinct Manhattan
Outcome: Other VTL violation summons issued

Witness Officers: Michael Gagliardo, Jonathan Goenner, Gregory King
Body-Worn Camera evidence collected
Video evidence collected