| Officer: | Pichardo, Elvin |
|---|---|
| Complainant: | Hispanic Male, 21 |
| Allegation: | Abuse of Authority: Vehicle search |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Marin, Diego |
| Complainant: | Hispanic Male, 21 |
| Allegation: | Abuse of Authority: Vehicle search |
| CCRB Investigator Recommendation: | Substantiated |
| CCRB Board Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Board Conclusion |
|---|---|---|---|
| Pichardo, Elvin | Hispanic Male, 21 | Abuse of Authority: Vehicle search | Substantiated (Command Discipline A) |
| Marin, Diego | Hispanic Male, 21 | Abuse of Authority: Vehicle search | Exonerated |
| CCRB Investigator Recommendation: Substantiated | |||
Further details on conclusions.
On June 1, 2019, at approximately 7:00 p.m., [redacted] was driving eastbound on Grand Concourse in the vicinity of East 183rd Street in the Bronx. [redacted]'s vehicle was pulled over by Police Officer Nicholas Kourounis, Police Officer Diego Marin, and Sergeant Elvin Pichardo, all of the 46th Precinct. Sgt. Pichardo reached through [redacted]'s front passenger side window and unlocked the rear driver side door, and PO Marin searched [redacted]'s car (Allegations A and B – Abuse of Authority, [redacted]). [redacted] was issued a summons for [redacted].
Allegation A: Abuse of Authority – Sergeant Elvin Pichardo searched the vehicle in which [redacted] was an occupant.
Allegation B: Abuse of Authority – Police Officer Diego Marin searched the vehicle in which [redacted] was an occupant.
It is undisputed that [redacted]'s vehicle was pulled over for speeding.
PO Marin's BWC footage, beginning at the 00:33 media player timestamp, visible at the bottom of the screen, captures PO Marin and PO Korounis approaching the driver side of [redacted]'s car. PO Marin orders [redacted] to roll down his back window. [redacted] says it does not work. PO Marin orders [redacted] to unlock his car and open the back door. PO Kourounis asks [redacted] if there is anyone in the backseat because his tinted windows are too dark and says he cannot see into the back of the car. [redacted] says there is not. PO Kourounis orders [redacted] to unlock the door. [redacted] says the rear driver side window does not work and that PO Kourounis can see the rear area from [redacted]'s driver's window. PO Marin orders [redacted] to lower his window. At 01:09, Sgt. Pichardo leans against the front passenger door window frame and places his hands inside [redacted]'s car. The rear passenger window next to Sgt. Pichardo is completely lowered. Sgt. Pichardo reaches his right hand into the car and presses the unlock switch on the front passenger door. Sgt. Pichardo tells PO Marin that the door is unlocked. [redacted] asks Sgt. Pichardo if he just...
Read report for details.