Complaint #9801122,
February 9, 1998

Officer: Holness, Peter
Allegation: Force: Other - Force
CCRB Conclusion: Exonerated
Officer: Rivera, Philip
Allegation: Abuse of Authority: Person Searched
CCRB Conclusion: Substantiated (Charges)
Officer: Holness, Peter
Allegation: Abuse of Authority: Vehicle searched
CCRB Conclusion: Substantiated (Charges)
Officer: Rivera, Philip
Allegation: Abuse of Authority: Other - Abuse
CCRB Conclusion: Substantiated (Charges)
Officer Allegation CCRB Conclusion
Holness, Peter Force: Other - Force Exonerated
Rivera, Philip Abuse of Authority: Person Searched Substantiated (Charges)
Holness, Peter Abuse of Authority: Vehicle searched Substantiated (Charges)
Rivera, Philip Abuse of Authority: Other - Abuse Substantiated (Charges)

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

Further details on conclusions.


Summary

On 2/9/98 at approximately 10:25 PM, [redacted] was sitting in the front passenger seat of his friend's car. The car was parked in a bus stop on [redacted]. [redacted] runs in a north-south direction and this car was parked facing south. PO Holness and PO Rivera were driving in a southerly direction on [redacted] when they noticed the car parked in a bus stop. The two officers drove a little past the car, and then reversed to stand alongside the parked car. As they stopped parallel to the parked car, PO Rivera, who was driving, said that he saw the passenger throw something under the seat. PO Holness, who was sitting in the passenger seat of the RMP, did not see anything suspicious. [redacted] said that he did not throw anything under the seat. He further stated that even if he did, it was not possible for the officers to see him, because the car was tinted and there was no street lights above to illuminate the car's interior. After seeing the alleged suspicious activity, the officers reversed and stopped behind the parked car. They put on their flashing lights and exited their RMP. PO Holness walked over to the passenger side and PO Rivera stood behind the parked car. PO Holness asked [redacted] to exit the car, and [redacted] complied. PO Holness frisked [redacted] and sent him to the back to PO Rivera. PO Rivera then frisked and searched [redacted] while PO Holness searched the car. Both frisk and search turned up negative. As PO Holness was completing the search, the owner of the car came out of [redacted] and gave the officers the required paperwork for the car. [redacted] also gave PO Rivera his identification. The officers took the paperwork and went back to their RMP. A defective summons (See ENCL 9) was issued to the owner of the car for, "parking in a bus stop." Read report for details.


Details

Incident: February 9, 1998
Received: March 6, 1998
Closed: March 6, 1998

Reason for contact: Traffic Incidents/Accident/Prk Violation
Outcome: No arrest made or summons issued