Complaint #202106922,
November 8, 2021

Officer: Lozano, Nestor
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Lozano, Nestor
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Balbuena, Melvin
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Balbuena, Melvin
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Balbuena, Melvin
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lozano, Nestor
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Lozano, Nestor Black Female, 30-34 Abuse of Authority: Entry of Premises Unsubstantiated
Lozano, Nestor Black Female, 30-34 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Balbuena, Melvin Black Female, 30-34 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Balbuena, Melvin Black Female, 30-34 Abuse of Authority: Entry of Premises Unsubstantiated
Balbuena, Melvin Black Female, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Lozano, Nestor Black Female, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

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

Balbuena, Melvin
No Disciplinary Action-DUP
No penalty

Lozano, Nestor
No Disciplinary Action-DUP
No penalty

Summary

On November 8, 2021, at approximately 8:06 p.m., [redacted] called 911 to report that her 36-year-old brother, [redacted] was missing. Police Officer Melvin Balbuena and Police Officer Nestor Lozano, both of the 44th Precinct, arrived at [redacted] in the Bronx, and entered and searched [redacted]'s apartment, [redacted] (Allegations A-B: Abuse of Authority, Allegations C-D: Abuse of Authority, [redacted]) The officers failed to provide their business cards to [redacted] (Allegations E-F: Abuse of Authority, [redacted]). No arrest or summons resulted from this incident. Read report for details.


Details

Incident: November 8, 2021
Received: November 14, 2021
Closed: December 6, 2022

Reason for contact: Other
Location: Residential building
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected