Complaint #201908416,
September 21, 2019

Officer: Lopez, Christian
Complainant: Black Male, 25
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Fitzgerald, Denis
Complainant: Black Male, 25
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Viera, Alex
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Viera, Alex
Complainant: Black Male, 32
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Lopez, Christian Black Male, 25 Abuse of Authority: Frisk Exonerated
Fitzgerald, Denis Black Male, 25 Abuse of Authority: Threat of arrest Exonerated
Viera, Alex Black Male, 25 Abuse of Authority: Vehicle search Exonerated
Viera, Alex Black Male, 32 Abuse of Authority: Frisk Exonerated

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.

Further details on conclusions.


Summary

On September 21, 2019, at approximately 10:50 p.m., [redacted] and his friend, [redacted] were driving in his vehicle when they were pulled over by Police Officer Christian Lopez and Police Officer Alex Viera of the 77th Precinct, in an unmarked RMP, in the vicinity of [redacted] in Brooklyn. PO Lopez told [redacted] that he pulled him over for failing to signal and [redacted] asserted that he did signal. PO Lopez told [redacted] that his vehicle smelled like marijuana, and ordered him and [redacted] to exit. After exiting, PO Lopez frisked [redacted] while PO Viera frisked [redacted] and after, PO Viera searched the passenger compartment of [redacted] s vehicle and recovered a bag of marijuana therein (Allegation A, B, and C: Abuse of Authority-Frisk/Vehicle Search, [redacted] and [redacted] reentered the vehicle, however, a few minutes later, PO Lopez returned, informed [redacted] he had an open warrant, handcuffed him, and transported him and his vehicle to the 77th Precinct stationhouse.
After his release the afternoon of September 22, 2019, [redacted] went back to the 77th Precinct stationhouse to retrieve his property and vehicle. [redacted] was upset that the officers had disabled his vehicle when it was returned to him, and requested to speak with a supervisor. Sergeant Denis Fitzgerald of the 77th Precinct, also refused to fix his vehicle, and threatened to arrest him if he did not leave the stationhouse (Allegation D: Abuse of Authority-Threat of Arrest, [redacted] Read report for details.


Details

Incident: September 21, 2019
Received: September 23, 2019
Closed: June 17, 2020

Reason for contact: Moving violation
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Kevin Hernandez, Kevin Mccarthy
Body-Worn Camera evidence collected
Video evidence collected