Complaint #201909647,
September 7, 2018

Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer: Epstein, Derek
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Lopez, Estharlin
Complainant: Black Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Epstein, Derek
Complainant: Black Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Lopez, Estharlin
Complainant: Black Male, 31
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 30-34 Abuse of Authority: Property damaged Officer(s) Unidentified
Epstein, Derek Black Male, 31 Force: Physical force Unsubstantiated
Lopez, Estharlin Black Male, 31 Abuse of Authority: Vehicle search Unsubstantiated
Epstein, Derek Black Male, 31 Abuse of Authority: Vehicle search Unsubstantiated
Lopez, Estharlin Black Male, 31 Abuse of Authority: Vehicle search 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 September 7, 2018, at approximately 9:00 p.m., Police Officer Estharlin Lopez and Lieutenant Derek Epstein, both then of the 70th Precinct, stopped [redacted]s vehicle for driving while talking on his cell phone in front of [redacted] in Brooklyn. In the course of that stop, Lieutenant Epstein used physical force against [redacted] (Allegation A: Force, [redacted]) and PO Lopez and Lieutenant Epstein searched [redacted]s vehicle (Allegations B and C: Abuse of Authority, [redacted]) and his vehicle were removed to the 70th Precinct stationhouse where his vehicle was impounded and searched, including a safe that had been in the trunk (Allegation D: Abuse of Authority, [redacted]). When [redacted] recovered his vehicle from the NYPD, it had been damaged (Allegation E: Abuse of Authority, [redacted]). This incident resulted in the arrest of [redacted] for [redacted] [BR 01]. Read report for details.


Details

Incident: September 7, 2018
Received: November 4, 2019
Closed: March 4, 2020

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 70th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Sean Callender