Complaint #202003650,
October 21, 2019

Officer: Divers, Robert
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Divers, Robert
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Smillie, Francis
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Smillie, Francis
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer: Leone, Sean
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Leone, Sean
Complainant: White Male, 30-34
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Divers, Robert White Male, 30-34 Abuse of Authority: Entry of Premises Unsubstantiated
Divers, Robert White Male, 30-34 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Smillie, Francis White Male, 30-34 Abuse of Authority: Entry of Premises Unsubstantiated
Smillie, Francis White Male, 30-34 Abuse of Authority: Search of Premises Unsubstantiated
Leone, Sean White Male, 30-34 Abuse of Authority: Entry of Premises Unsubstantiated
Leone, Sean White Male, 30-34 Abuse of Authority: Search of Premises Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Divers, Robert
Formalized Training

Summary

On October 21, 2019, at approximately 6:30 a.m., PO Robert Divers, PO Francis Smillie, and PO Sean Leone, of the Warrant Section, arrived at [redacted]'s home located at [redacted] in Manhattan. (PO Divers and PO Smillie have since been promoted to detective, and PO Leone has since been transferred to the Detectives Bureau Queens North). PO Divers, PO Smillie, and PO Leone allegedly opened [redacted]'s unlocked door and entered his apartment (Allegations A, B, and C: Abuse of Authority – Entry of premises, [redacted]). PO Divers, PO Smillie, and PO Leone went into the living room, told [redacted] that they needed to bring him in for questioning, and allegedly told [redacted] that they needed to search the apartment (Allegation D: Abuse of Authority – Search of premises, [redacted] and Allegation E and F: Abuse of Authority – Search of premises, [redacted]). [redacted] went into the bathroom to change and was then transported to the 32nd Precinct stationhouse where he was interviewed by Detective Tamara Williams and Detective Carlos Matos of the 32nd Precinct Detective Squad. Read report for details.


Details

Incident: October 21, 2019
Received: May 29, 2020
Closed: August 17, 2021

Reason for contact: Other
Location: Apartment/house
In NYPD 32nd Precinct Manhattan
Outcome: Summons - other violation/crime

Witness Officers: Carlos Matos, Tamara Williams