Complaint #202103908,
February 12, 2021

Officer: Guida, Daniel
Complainant: Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Owens, Thomas
Complainant: Male, 25-29
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Owens, Thomas
Complainant: Male, 25-29
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Haber, Michael
Complainant: Male, 25-29
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Haber, Michael
Complainant: Male, 25-29
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gonzalez, Michael
Complainant: Male, 25-29
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Asian Male, 25-29
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Guida, Daniel
Complainant: Asian Male, 25-29
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Owens, Thomas
Complainant: Asian Male, 25-29
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Owens, Thomas
Complainant: Asian Male, 25-29
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Owens, Thomas
Complainant: Asian Male, 25-29
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Guida, Daniel
Complainant: Asian Male, 25-29
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Scanlon, Clifford
Complainant: Hispanic Female, 18-20
Allegation: Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal)
CCRB Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer: Scanlon, Clifford
Complainant: Hispanic Female, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Guida, Daniel Male, 25-29 Abuse of Authority: Stop Substantiated (Command Discipline A)
Owens, Thomas Male, 25-29 Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Owens, Thomas Male, 25-29 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Haber, Michael Male, 25-29 Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Haber, Michael Male, 25-29 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Gonzalez, Michael Male, 25-29 Abuse of Authority: Stop Substantiated (Command Discipline A)
Guida, Daniel Asian Male, 25-29 Abuse of Authority: Entry of Premises Substantiated (Charges)
Guida, Daniel Asian Male, 25-29 Abuse of Authority: Search of Premises Substantiated (Charges)
Owens, Thomas Asian Male, 25-29 Abuse of Authority: Search of Premises Substantiated (Charges)
Owens, Thomas Asian Male, 25-29 Abuse of Authority: Entry of Premises Substantiated (Charges)
Owens, Thomas Asian Male, 25-29 Abuse of Authority: Seizure of property Substantiated (Command Discipline A)
Guida, Daniel Asian Male, 25-29 Abuse of Authority: Seizure of property Substantiated (Command Discipline A)
Scanlon, Clifford Hispanic Female, 18-20 Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal) Unsubstantiated
Recategorized as Abuse of Authority: Other on August 5, 2023
Scanlon, Clifford Hispanic Female, 18-20 Discourtesy: Word 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.


Penalties

Guida, Daniel
Closed: Other, May 1, 2024
APU Closed: Other

Gonzalez, Michael
No Disciplinary Action-DUP
No penalty

Haber, Michael
No Disciplinary Action-DUP
No penalty

Owens, Thomas
Closed: Other, May 1, 2024
APU Closed: Other

Summary

On February 12, 2021, at approximately 4:30 p.m., Lieutenant Daniel Guida, Police Officer Thomas Owens - both of the 71st Precinct, additional members of the 71st Precinct, and members of the NYPD's Intelligence Unit (318) walked into Prospect CBD and Smoke Shop located at 544 Flatbush Avenue in Brooklyn. Immediately upon entering, PO Owens went to the back of the store and entered a concealed, raised storage area; where, he searched various boxes and supplies (Allegations A and B: Abuse of Authority – Entry, [redacted] (Allegations C and D: Abuse of Authority – Search of Premises, [redacted] In addition to the back storage area, a full and comprehensive search of all other areas in the location was conducted (within Allegations A, B, C, and D), resulting in the seizure of store supplies and equipment (Allegations E and F: Abuse of Authority – Seizure of Property, [redacted]
While officers were standing at the entrance of 544 Flatbush Avenue, Detective Michael Gonzalez of the Intelligence Unit saw [redacted] who he believed to be connected to Prospect CBD. With the permission of Lieutenant Guida, Det. Gonzales followed [redacted] to the Southwest corner of Flatbush Avenue and Lincoln Road and stopped [redacted] (Allegations G and H: Abuse of Authority – Stop, [redacted]
As Det. Gonzalez did so, Lieutenant Guida, PO Owens, and Police Officer Michael Haber went into the store front at 544A Flatbush Avenue. While Lieutenant Guida was speaking with the store clerk, PO Owens entered and searched the area behind the front counter of the store (Allegation I: Abuse of Authority – Entry, [redacted] (Allegations J: Abuse of Authority – Search of Premises, [redacted] PO Haber also opened the door to two concealed rooms at the back of the store and searched inside (Allegation K: Abuse of Authority – Entry, [redacted] (Allegation L: Abuse of Authority – Search of Premises, [redacted]
Ultimately, [redacted] and [redacted] the two employees inside Prospect CBD, were arrested and removed to the 71st Precinct stationhouse.... Read report for details.


Details

Incident: February 12, 2021
Received: June 30, 2021
Closed: August 3, 2022
Last Updated: June 30, 2024

Reason for contact: Other
Location: Other
In NYPD 71st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Charles Arnone, Adam Elmaadawy, Denzil Trim, Triston Trunk
Body-Worn Camera evidence collected