Complaint #9905598,
December 27, 1999

Officer: Miller, Daniel
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer: Miller, Daniel
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Downes, Sean
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Erwig, Timothy
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Downes, Sean
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer: Erwig, Timothy
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Miller, Daniel Hispanic Male, 24 Abuse of Authority: Frisk and/or search Unsubstantiated
Miller, Daniel Abuse of Authority: Refusal to provide name/shield number Unfounded
Downes, Sean Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Erwig, Timothy Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Downes, Sean Hispanic Male, 24 Abuse of Authority: Frisk and/or search Unsubstantiated
Erwig, Timothy Hispanic Male, 24 Abuse of Authority: Frisk and/or search Unsubstantiated

Conclusion Meanings:

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Summary

On December 27, 1999 at approximately 3:15am an officer she identified as PO Miller searched the automobile used by [redacted] and her two companions, [redacted] and [redacted] PO Miller instructed [redacted] to exit the car and conducted a search of his person by requesting him to lift articles of clothing. PO Miller was accompanied by two other officers, none of whom provided a reason or justification for their conduct or identified themselves as police officers. [redacted] asked PO Miller who he was, but he only stated that he was trying to protect their property. [redacted] again asked PO Miller who he was and he provided his name, but she had to continue asking to obtain his shield number. [redacted] and her companions immediately called an unspecified precinct to verify the name provided by PO Miller. [redacted] believed that this search was illegal and constituted harassment.
At approximately 3:00am on an unspecified date, [redacted] and her friends stopped at a restaurant in Queens. [redacted] could not recall the name of the restaurant or its location. As the car pulled up outside the restaurant, [redacted] noticed what she believed to be a group of undercover officers speaking to someone on the street. Some of the officers saw [redacted] and [redacted] exit the car and enter the restaurant. When they left the restaurant, [redacted] saw three large men surrounding [redacted]. [redacted] thought the men were trying to rob her friend. One of the men, who [redacted] identified as PO Miller, turned to [redacted] and asked him his name and whether he owned the car. [redacted] did not know that PO Miller was a police officer, but presumed that he was based on his tone of voice. PO Miller continued asking questions even though he never offered any identification. PO Miller told [redacted] to be thankful that he was protecting their property. [redacted] asked PO Miller for his name, shield number, and command, all of which he provided except his shield number. [redacted] did not see the officers touch or... Read report for details.


Details

Incident: December 27, 1999
Closed: February 22, 2001

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
Outcome: No arrest made or summons issued