Complaint #201908620,
June 30, 2019

Officer: Cullen, Bryan
Complainant: Black Male, 31
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Exonerated
Officer: Leboff, Daniel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Exonerated
Officer: Leboff, Daniel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Search (of person)
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Command Discipline B)
Officer: Leboff, Daniel
Complainant: Black Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Board Conclusion
Cullen, Bryan Black Male, 31 Abuse of Authority: Threat to damage/seize property Exonerated
Leboff, Daniel Black Male, 31 Abuse of Authority: Threat to damage/seize property Exonerated
Leboff, Daniel Black Male, 31 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
CCRB Investigator Recommendation: Unsubstantiated
Leboff, Daniel Black Male, 31 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
CCRB Investigator Recommendation: 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.

Further details on conclusions.


Penalty

Leboff, Daniel
Formalized Training

Summary

At approximately 8:00 p.m. on June 30, 2019, [redacted] parked his vehicle in front of 170-14 130th Avenue in Queens. The vehicle had dark tinted windows and was parked in a loading zone for building residents only. Sgt. Bryan Cullen, PO Christopher Sanabria, PO Daniel Leboff, and PO Joel Diaz, of the 113th Precinct, approached [redacted]s vehicle. [redacted] identified himself as the vehicle owner. Though he provided his driver's license, he refused Sgt. Cullen's request for his registration and insurance card. In response, Sgt. Cullen and PO Leboff both stated that they would tow [redacted]s vehicle (Allegations A and B: Abuses of Authority: [redacted]) agreed to provide his registration and insurance. When he opened his car door, PO Leboff asked how much marijuana was in the vehicle and if there was anything illegal in the vehicle. [redacted] denied having marijuana and said that he would call his attorney. PO Leboff stated that they would tow [redacted]s vehicle (within Allegation B). PO Leboff reached into [redacted]s pocket and removed his car keys (Allegation C: Abuse of Authority: [redacted]). PO Leboff opened the trunk of [redacted]s vehicle where there were fireworks (Allegation D: Abuse of Authority: [redacted]) was arrested for unlawful sale of fireworks, unlawful possession of fireworks, and having an unlawfully tinted windshield (BR 01). [redacted] (BR 02). [redacted]
It was confirmed that PO Leboff received a CD under IAB Log number 2019-37857(case number og-2019-17775) for his lost memo book. As such, no OMN allegation was noted. Read report for details.


Details

Incident: June 30, 2019
Received: September 30, 2019
Closed: October 14, 2020

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Justin Dambinskas, Nicholas Dasilva, Joel Diaz, Christopher Sanabria
Body-Worn Camera evidence collected
Video evidence collected