Complaint #201903361,
April 18, 2019

Officer: Smith, Robert
Complainant: Black Female, 23
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Unsubstantiated
Officer: Smith, Robert
Complainant: Black Female, 23
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Smith, Robert Black Female, 23 Abuse of Authority: Threat of summons Unsubstantiated
Smith, Robert Black Female, 23 Abuse of Authority: Refusal to provide name Unfounded

Conclusion Meanings:

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 April 18, 2019, at approximately 6:39 p.m., at the intersection of South Conduit Avenue and Farmer's Boulevard in Queens, Police Officer Robert Smith and Police Officer Jeffery Roden of the 105th Precinct stopped [redacted] for using her phone while driving. Once PO Smith prepared the summons, he returned to [redacted]'s vehicle. [redacted] was issued summons #[redacted] (Board Review 01). [redacted] took the summons and allegedly asked PO Smith for his and PO Roden's name and badge numbers. [redacted] handed him an envelope and PO Smith wrote down his badge number. PO Smith did not provide his name (Allegation A: Abuse of Authority, [redacted]). As PO Smith and PO Roden returned to their vehicle, [redacted] pulled into the parking lot of a nearby store. [redacted] called the 105th Precinct in order to file a complaint against PO Smith. Police Officer Michelle Fecker of the 105th Precinct answered the phone and spoke with [redacted]. While on the phone, [redacted] became aware that PO Smith and PO Roden were parked directly behind her. PO Smith spoke into his vehicle's intercom and allegedly told [redacted] that she was trespassing and needed to leave before he issued her another summons (Allegation B: Abuse of Authority, [redacted]). [redacted] was not issued any additional summonses. Read report for details.


Details

Incident: April 18, 2019
Closed: November 20, 2019

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 105th Precinct Queens
Outcome: Other VTL violation summons issued

Witness Officers: Michelle Fecker, Jeffrey Roden
Body-Worn Camera evidence collected