Complaint #202001754,
February 23, 2020

Summary

On February 23, 2020, at approximately 3:50 p.m., [redacted] and [redacted] were driving down Courtlandt Avenue towards 159th Street in the Bronx. They were pulled over by PO John Migliaccio and PO Matthew Miret, both of PSA 7. Sergeant Steven Counihan, PO Mike Suarez, and PO Nicholas Rios, all of PSA 7 assisted.
PO Migliaccio told [redacted] and [redacted] that they smelled marijuana coming from their vehicle and asked them to step out of the vehicle. PO Migliaccio frisked [redacted] on his arms, waist, and legs (Allegation A: Abuse of Authority: Frisk: [redacted]). PO Miret frisked [redacted] on his chest and shoulders and continued down his body (Allegation B: Abuse of Authority: Frisk: [redacted]). PO Miret took a pocketknife out of [redacted]'s pocket (Allegation C: Abuse of Authority: Search of person: [redacted]). PO Suarez lifted [redacted]'s arms up into the air while he was in handcuffs (Allegation D: Force: Unspecified force: [redacted]). PO Miret allegedly threw [redacted] against the hood of the police vehicle (Allegation E: Force: Pushed/shoved/threw: [redacted]). PO Suarez allegedly threw [redacted] onto the ground and kicked him in his thigh (Allegation F: Force: Forcible takedown: [redacted], Allegation G: Force: Kick: [redacted]). PO Migliaccio, PO Miret, and Sergeant Counihan searched [redacted]'s car at the incident location (Allegation H-J: Abuse of Authority: Vehicle search: [redacted]). PO Migliaccio asked [redacted] if he was concealing anything in his "nuts or ass" (Allegation K: Discourtesy (Word): [redacted]). They were brought back to the stationhouse and lodged in a cell.
While they were in cells at approximately 4:15 p.m., PO Migliaccio asked [redacted] again if he was concealing anything in his "nuts or ass" (Allegation L: Discourtesy (Word): [redacted]). PO Suarez asked [redacted] to lower his pants to see if he was concealing anything on his person, and PO Miret asked [redacted] to do the same (Allegations M-N: Abuse of Authority: Strip search: [redacted]). They were released... Read report for details.