46 Pct. (You Look Suspicious)
Published on Jul 30, 2015
Police officer Maldonado and his partners decides to illegally stop and detain a taxi cab. They force the passenger out the car and without consent Maldonado decides to violate the black male constitutional rights by searching him without his consent. After searching the black male, police shows the passenger a wanted poster and tells him, that is the reason he was search and detain. By seeing the expression in the innocent male face, you could see that he was not fooled by police excuse of why he was harass and detain. Police also failed to identified themselves, by not displaying their badges which is a violation of the NYPD patrol guide. Police did not call this stop into dispatch, so CPU is the only one that has this stop documented.
Police did not follow proper procedures and protocols.
LAWFUL CAR STOPS
1. Probable Cause: The level of proof necessary for a police officer to make an arrest, to issue a summons, or to obtain an arrest warrant or a search warrant.
. An offense was committed and
. That a particular person committed it.
a. Probable cause that the occupant(s) of the vehicle have committed a crime;
Example: “Officer, the man driving that car just robbed my store!”
b. Probable cause that the vehicle was used in connection with a crime;
Example: Officer, receives information at roll call that a red Mazda, license plate # BYX758 was involved in a robbery.
c. Upon observing the vehicle, probable cause exists that a violation of the traffic laws has been committed;
Example: Officer observes a vehicle proceed through an intersection without stopping for the red light.
2. Reasonable Suspicion: P.O. reasonably suspects that a person is committing, has committed, or is about to commit any felony or a penal law misdemeanor.
a. Reasonable suspicion that the occupant(s) of the vehicle have committed, are committing, or about to commit a crime.
Example: Officer receives radio call from central dispatch (confirmed caller), “Blue Honda Accord with 3 male Hispanic passenger wanted for robbing a liquor store 5 minutes in the past.” Shortly thereafter, the officer observes a similar vehicle 5 blocks away.
b. Upon observing the vehicle, reasonable suspicion exists that a violation of the traffic laws has been committed;
Example: Operator of vehicles doesn’t look old enough to drive.
Note: Turning the RMP’s tu
2t be done without either reasonable suspicion or probable cause.
PG 202-25 ANTI-CRIME POLICE OFFICER
Effective: 01-01-00
ANTI-CRIME POLICE OFFICER
1. Perform duty in civilian clothes.
a. Be equipped with pepper spray while on duty.
2. Maintain daily record of activity in ACTIVITY LOG (PD112-145).
3. Study and analyze command crime statistics and reports.
4. Patrol within confines of command giving special attention to locations prone to violent street/subway crimes and burglaries.
5. Inform radio dispatcher when responding to, or present at the scene of a police incident and include description of clothing worn, vehicle used, etc.
6. Wear appropriate identification when present at scene of a police incident (nylon windbreaker jacket, shield, headband, color of day, etc.).
a. Properly identify self prior to taking any police action, if possible.
7. Conduct short-term investigations, not to exceed two (2) hours, within command boundaries, directly related to street/subway crimes or burglaries except when commanding officer/executive officer extends such time.
8. Do not conduct lineup or show photographs without permission of detective squad supervisor or qualified supervisor of investigating unit (e.g., RAM, etc.).
9. Stop a vehicle under the following circumstances:
a. Reasonable suspicion that the occupant(s) of the vehicle have committed, are committing, or about to commit a crime; OR
b. Probable cause that the occupant(s) of the vehicle have committed a crime; OR
c. Upon observing the vehicle, reasonable suspicion exists that a violation of the traffic laws has been committed; OR
d. Upon observing the vehicle, probable cause exists that a violation of the traffic laws has been committed; OR
e. The vehicle is stopped according to some non-arbitrary, non-discretionary, systematic procedure (e.g., a roadblock, or DWI checkpoint).
(1) All civilian clothed uniformed members of the service shall, when practical, utilize portable red light, NYPD windbreaker jacket, NYPD baseball cap and/or color of the day.
(2) Contact Communications Section and request marked Department vehicle respond, if practical.
NOTE: Civilian clothed uniformed members of the service (i.e., Anti-Crime, Street Crime Unit, PDS/RAM Units) shall conduct taxi/livery checks pursuant to the Taxi/Livery Robbery Inspection Program (TRIP) and passenger vehicle checks pursuant to the Combat Auto Thefts (CAT) program. When a vehicle stop is made on the basis of an observed traffic infraction, uniformed members of the service should take proper police action, including the issuance of summonses.