Complaint #201902964,
March 30, 2019

Officer: Gallagher, Robert
Complainant: Black Male, 28
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Gallagher, Robert
Complainant: Black Male, 28
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Black Female, 32
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Black Female, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Black Female, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Yardan, Nicklas
Complainant: Black Female, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Howard, Terrence
Complainant: Black Female, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Gallagher, Robert
Complainant: Black Male, 28
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Hawk, Michael
Complainant: Black Male, 28
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Black Female, 32
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Yardan, Nicklas
Complainant: Black Male, 28
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Yardan, Nicklas
Complainant: Black Female, 32
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Howard, Terrence
Complainant: Black Female, 32
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Unsubstantiated
Officer: Yardan, Nicklas
Complainant: Black Male, 28
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Yardan, Nicklas
Complainant: Black Female, 32
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Hawk, Michael
Complainant: Black Female, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Yardan, Nicklas
Complainant: Black Female, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gallagher, Robert
Complainant: Black Female, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gallagher, Robert
Complainant: Black Male, 28
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Hawk, Michael
Complainant: Black Male, 28
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Yardan, Nicklas
Complainant: Black Male, 28
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Gallagher, Robert
Complainant: Black Female, 32
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Hawk, Michael
Complainant: Black Female, 32
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gallagher, Robert Black Male, 28 Abuse of Authority: Search (of person) Unsubstantiated
Gallagher, Robert Black Male, 28 Abuse of Authority: Frisk Unsubstantiated
Hawk, Michael Black Female, 32 Abuse of Authority: Vehicle search Unsubstantiated
Hawk, Michael Black Female, 32 Abuse of Authority: Search (of person) Unsubstantiated
Hawk, Michael Black Female, 32 Abuse of Authority: Frisk Unsubstantiated
Yardan, Nicklas Black Female, 32 Abuse of Authority: Search (of person) Unsubstantiated
Howard, Terrence Black Female, 32 Abuse of Authority: Search (of person) Unsubstantiated
Gallagher, Robert Black Male, 28 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Hawk, Michael Black Male, 28 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Hawk, Michael Black Female, 32 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Yardan, Nicklas Black Male, 28 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Yardan, Nicklas Black Female, 32 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Howard, Terrence Black Female, 32 Abuse of Authority: Failure to provide RTKA card Unsubstantiated
Yardan, Nicklas Black Male, 28 Abuse of Authority: Refusal to provide name Unsubstantiated
Yardan, Nicklas Black Female, 32 Abuse of Authority: Vehicle search Unsubstantiated
Hawk, Michael Black Female, 32 Abuse of Authority: Stop Exonerated
Yardan, Nicklas Black Female, 32 Abuse of Authority: Stop Exonerated
Gallagher, Robert Black Female, 32 Abuse of Authority: Stop Exonerated
Gallagher, Robert Black Male, 28 Abuse of Authority: Stop Exonerated
Hawk, Michael Black Male, 28 Abuse of Authority: Stop Exonerated
Yardan, Nicklas Black Male, 28 Abuse of Authority: Stop Exonerated
Gallagher, Robert Black Female, 32 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Lvl Instructions)
Hawk, Michael Black Female, 32 Abuse of Authority: Search (of person) 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.


Penalty

Gallagher, Robert
Instructions

Summary

On March 30, 2019, at approximately 10:38 p.m., Ms. [redacted] and Mr. [redacted] were sitting inside of Mr. [redacted] vehicle, parked in front of Mr. [redacted] driveway of his home, located at 201 East 43rd Street in Brooklyn. PO [redacted] of the 69th Precinct stopped Mr. [redacted] and Ms. [redacted]. PO Michael Hawk, and Det. [redacted] (Allegations A, B, C, D, E, and F: Abuse of Authority - exonerated). PO [redacted] frisked and searched Mr. [redacted] (Allegations G and H: Abuse of Authority – unsubstantiated). PO Hawk frisked and searched Ms. [redacted] (Allegation I and J: Abuse of Authority – unsubstantiated). Det. [redacted] searched Mr. [redacted] vehicle (Allegation K: Abuse of Authority – unsubstantiated). Det. [redacted] and Sgt. [redacted] of the 69th Precinct searched Ms. [redacted] (Allegations L and M: Abuse of Authority - unsubstantiated). PO Hawk searched Mr. [redacted] vehicle and Ms. [redacted] purse (Allegations N and O: Abuse of Authority – unsubstantiated). Det. [redacted] refused to provide his name to Mr. [redacted] (Allegation P: Abuse of Authority – unsubstantiated).
PO [redacted] failed to offer a business card to Ms. [redacted] and Mr. [redacted] (Allegations Q and R: Abuse of Authority – substantiated). PO Hawk and Det. [redacted] failed to offer business cards to Mr. [redacted] and Ms. [redacted] (Allegations S, T, U, and V: Abuse of Authority unsubstantiated). Sgt. [redacted] failed to offer a business card to Ms. [redacted] (Allegation W: Abuse of Authority – unsubstantiated). PO [redacted], Det. [redacted], PO Hawk, and Sgt. [redacted] failed to prepare memo book entries as required (Allegations X, Y, Z, and AA: Other Misconduct). PO [redacted], Det. [redacted] and PO Hawk failed to prepare stop and frisk reports as required (Allegations AB, AC, and AD: Other Misconduct). PO [redacted], Det. [redacted] and PO Hawk improperly used their body-worn-cameras (Allegations AE, AF, and AG: other misconduct). Read report for details.


Details

Incident: March 30, 2019
Received: April 5, 2019
Closed: May 1, 2020

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Landrey Cherenfant