Complaint #201902826,
March 27, 2019

Officer: Gallagher, Robert
Complainant: Male, 42
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Gallagher, Robert
Complainant: Male, 42
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Male, 42
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hawk, Michael
Complainant: Male, 42
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Male, 42
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Black, 35
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Gallagher, Robert
Complainant: Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Yardan, Nicklas
Complainant: Black, 35
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Gallagher, Robert
Complainant: Male, 42
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Yardan, Nicklas
Complainant: Black, 35
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Hawk, Michael
Complainant: Black, 35
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Gallagher, Robert
Complainant: Black, 35
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Gallagher, Robert
Complainant: Black Male, 35
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Gallagher, Robert
Complainant: Male, 42
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gallagher, Robert
Complainant: Black, 35
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Yardan, Nicklas
Complainant: Male, 42
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Yardan, Nicklas
Complainant: Black, 35
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Hawk, Michael
Complainant: Male, 42
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Hawk, Michael
Complainant: Black, 35
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Yardan, Nicklas
Complainant: Male, 42
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Male, 42
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gallagher, Robert Male, 42 Abuse of Authority: Refusal to provide name Unsubstantiated
Gallagher, Robert Male, 42 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Hawk, Michael Male, 42 Abuse of Authority: Interference with recording Substantiated (Command Discipline A)
Hawk, Michael Male, 42 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Hawk, Michael Male, 42 Abuse of Authority: Refusal to provide name Unsubstantiated
Hawk, Michael Black, 35 Abuse of Authority: Frisk Exonerated
Gallagher, Robert Male, 42 Abuse of Authority: Frisk Exonerated
Yardan, Nicklas Black, 35 Abuse of Authority: Frisk Exonerated
Gallagher, Robert Male, 42 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Yardan, Nicklas Black, 35 Abuse of Authority: Failure to provide RTKA card Alleged Victim Uncooperative
Hawk, Michael Black, 35 Abuse of Authority: Failure to provide RTKA card Alleged Victim Uncooperative
Gallagher, Robert Black, 35 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Gallagher, Robert Black Male, 35 Abuse of Authority: Vehicle search Exonerated
Gallagher, Robert Male, 42 Abuse of Authority: Stop Exonerated
Gallagher, Robert Black, 35 Abuse of Authority: Stop Exonerated
Yardan, Nicklas Male, 42 Abuse of Authority: Stop Exonerated
Yardan, Nicklas Black, 35 Abuse of Authority: Stop Exonerated
Hawk, Michael Male, 42 Abuse of Authority: Stop Exonerated
Hawk, Michael Black, 35 Abuse of Authority: Stop Exonerated
Yardan, Nicklas Male, 42 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Hawk, Michael Male, 42 Abuse of Authority: Failure to provide RTKA card 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

Gallagher, Robert
Instructions

Hawk, Michael
Command Discipline - A

Summary

On March 27, 2019, at approximately 7:52 p.m., [redacted] and [redacted] were sitting inside of [redacted]'s running vehicle which was parked in a parking lot located at Rockaway Parkway and Seaview Avenue in Brooklyn. PO Robert Gallagher, PO Michael Hawk, and Det. Nicklas Yardan of the 69th Precinct stopped [redacted] and [redacted] (Allegations A, B, C, D, E, and F: Abuse of Authority - [redacted]). PO Gallagher frisked [redacted] and Det. Yardan and PO Hawk frisked [redacted] (Allegations G, H, and I: Abuse of Authority - [redacted] 1). PO Gallagher searched [redacted]'s vehicle (Allegation J: Abuse of Authority - [redacted]). [redacted] attempted to film the officers and PO Hawk removed [redacted]'s cellphone from his hand (Allegation K: Abuse of Authority [redacted] 1). PO Gallagher, Det. Yardan, and PO Hawk did not provide RTKA cards to [redacted] (Allegations L, M, and N: Abuse of Authority [redacted] 1). PO Gallagher did not provide a RTKA card to [redacted] (Allegation O: Abuse of Authority - [redacted] 1). Det. Yardan and PO Hawk failed to provide a RTKA card to [redacted] (Allegations P and Q: Abuse of Authority - [redacted]). [redacted] asked PO Gallagher and PO Hawk for their names and shield numbers and neither officer provided the information (Allegations R, S, T, and U: Abuse of Authority - [redacted]). Read report for details.


Details

Incident: March 27, 2019
Received: April 2, 2019
Closed: March 19, 2020

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 69th Precinct Brooklyn
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected
Video evidence collected