Frank Burns

Badge #2906, White Male
Former Sergeant Detective Squad at Detective Borough Manhattan North Operations
Also served at 44th Precinct, Patrol Borough Manhattan North AC
Service started July 1999, ended December 2020, Tax #923596

Substantiated Allegations:
Abuse of Authority: Frisk (2)
Abuse of Authority: Interference with recording
Abuse of Authority: Vehicle search
Abuse of Authority: Vehicle stop

Lawsuit Settlements:
$32,500   De La Rosa, Jose vs City of New York, et al., 2014 SDNY SDNY 14CV05834
View Details

Complaints

11 Complaints
38 Allegations
5 Substantiated
5 Substantiated (Command Discipline A)
4 Complainant Uncooperative
3 Exonerated
10 Miscellaneous - Subject Retired
2 Unfounded
14 Unsubstantiated

Complaint #202001095, February 2020
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Abuse of Authority: Search of Premises
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Force: Physical force
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Offensive Language: Gender
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Force: Chokehold
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Force: Restricted Breathing
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Discourtesy: Word
Complainant: Hispanic Male
CCRB Conclusion: Miscellaneous - Subject Retired
Allegation: Force: Physical force
Complainant: Hispanic Female, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
additional details

Complaint #201905037, June 2019
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 24
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 24
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 24
CCRB Conclusion: Substantiated (Command Discipline A)
Penalty: Retired
Documents: Complaint Closing Report
additional details

Complaint #201807156, August 2018
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Interference with recording
Complainant: Hispanic Male, 22
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 46
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 22
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 26
CCRB Conclusion: Unsubstantiated
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201803438, March 2018
Allegation: Abuse of Authority: Refusal to show arrest warrant
Complainant: Black Male, 49
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search of recording device
Complainant: Black Male, 49
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201707693, July 2017
Allegation: Abuse of Authority: Threat to damage/seize property
Complainant: Hispanic Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Property damaged
Complainant: Hispanic Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 43
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search of recording device
Complainant: Hispanic Male, 43
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201106659, January 2011
Allegation: Abuse of Authority: Stop
Complainant: Male, 18
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201100378, January 2011
Allegation: Discourtesy: Word
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 28
CCRB Conclusion: Unfounded
additional details

Complaint #201000017, January 2010
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 38
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Black Female, 38
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200205007, July 2002
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Force: Gun Pointed
Complainant: Black Male, 41
CCRB Conclusion: Exonerated
additional details

Complaint #200107138, October 2001
Allegation: Force: Physical force
Complainant: Black Male, 29
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200104071, June 2001
Allegation: Abuse of Authority: Frisk and/or search
Complainant: Black Male, 40
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202001095, February 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Hispanic Female, 25-29 Miscellaneous - Subject Retired
Abuse of Authority: Search of Premises Hispanic Female, 25-29 Miscellaneous - Subject Retired
Force: Physical force Hispanic Female, 25-29 Miscellaneous - Subject Retired
Discourtesy: Word Hispanic Female, 25-29 Miscellaneous - Subject Retired
Offensive Language: Gender Hispanic Female, 25-29 Miscellaneous - Subject Retired
Force: Chokehold Hispanic Female, 25-29 Miscellaneous - Subject Retired
Force: Restricted Breathing Hispanic Female, 25-29 Miscellaneous - Subject Retired
Abuse of Authority: Threat of arrest Hispanic Female, 25-29 Miscellaneous - Subject Retired
Discourtesy: Word Hispanic Male Miscellaneous - Subject Retired
Force: Physical force Hispanic Female, 25-29 Miscellaneous - Subject Retired
additional details
Complaint #201905037, June 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 24 Substantiated (Command Discipline A)
Abuse of Authority: Frisk Black Male, 22 Substantiated (Command Discipline A)
Abuse of Authority: Vehicle stop Black Male, 24 Substantiated (Command Discipline A)
Abuse of Authority: Frisk Black Male, 24 Substantiated (Command Discipline A)
Penalty: Retired
Documents: Complaint Closing Report
additional details
Complaint #201807156, August 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search of Premises Unsubstantiated
Abuse of Authority: Entry of Premises Unsubstantiated
Abuse of Authority: Interference with recording Hispanic Male, 22 Substantiated (Command Discipline A)
Abuse of Authority: Threat of arrest Hispanic Female, 46 Unsubstantiated
Abuse of Authority: Threat of arrest Hispanic Male, 22 Unsubstantiated
Abuse of Authority: Threat of arrest Hispanic Male, 26 Unsubstantiated
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #201803438, March 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to show arrest warrant Black Male, 49 Unsubstantiated
Abuse of Authority: Search of recording device Black Male, 49 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201707693, July 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat to damage/seize property Hispanic Male, 43 Unsubstantiated
Abuse of Authority: Property damaged Hispanic Male, 43 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 43 Unfounded
Abuse of Authority: Entry of Premises Exonerated
Abuse of Authority: Search of recording device Hispanic Male, 43 Unsubstantiated
additional details
Complaint #201106659, January 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Male, 18 Complainant Uncooperative
additional details
Complaint #201100378, January 2011
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 27 Unsubstantiated
Abuse of Authority: Search (of person) Black Male, 28 Unsubstantiated
Abuse of Authority: Vehicle search Black Male, 28 Unfounded
additional details
Complaint #201000017, January 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Female, 38 Complainant Uncooperative
Discourtesy: Word Black Female, 38 Complainant Uncooperative
additional details
Complaint #200205007, July 2002
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
Force: Gun Pointed Black Male, 41 Exonerated
additional details
Complaint #200107138, October 2001
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 29 Unsubstantiated
Force: Physical force Black Male, 28 Unsubstantiated
additional details
Complaint #200104071, June 2001
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk and/or search Black Male, 40 Complainant Uncooperative
additional details

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.
'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.


Lawsuits

De La Rosa, Jose vs City of New York, et al.
Case # 14CV05834, U.S. District Court - Southern District NY, August 1, 2014, ended January 9, 2015
$32,500 Settlement
Amended Complaint, Complaint, Stipulation
Description: On or about July 14, 2012, at approximately 8 pm, the plaintiff, Aundrea Melancon, was walking with her nieces toward 100 Casals Place, Co-op City, Bronx, New York, when she saw some teenagers began to fight and attack a lone teenager. When police arrived on the scene, the plaintiff noticed one teenager who was involved in the fight walking away and informed the police. Plaintiff was told to go back to her car and asked about what to do about her nieces who lived in the building. Another officer arrived and started screaming at plaintiff to get in her car. When the plaintiff asked where to go, the other officer handcuffed and placed her in a police car. The plaintiff was tall and could not fit into the car and ...