How to Read an Investigation Report
About Final Summary Reports
At the conclusion of every PAB investigation, we produce a Final Summary Report detailing our analysis of the evidence gathered and a summary of our findings and recommendations.
Introduction
Pursuant to § 18-11 of the Charter of the City of Rochester, and in the interest of public accountability, the Police Accountability Board has made the following investigative report public. It has been redacted so as not to disclose the identities of the officers and civilians involved.
Pursuant to Rochester Police Locust Club, Inc. v. City of Rochester, 41 N.Y.3d 156 (2023), Rochester Police Officers can only be disciplined by the Rochester Police Department. Accordingly, where a finding of police misconduct has been sustained by the Board, the PAB issues disciplinary recommendations to the Chief based on our Disciplinary Matrix.
The final Board decision as to the PAB determination of misconduct and recommended discipline are followed by the investigatory report prepared by PAB staff.
Board Decision
Public Tracking Number (PTN): 2022-0068
Date of Panel Review: 21-Nov-2024 1:00 PM (EST)
Board Members Present:
Case Findings:
Allegations 1,2,3 and 4: Exonerated
Disciplinary Recommendation: N/A.
Dissenting Opinion/Comment: N/A.
Definitions
Exonerated: A finding at the conclusion of an investigation that either the alleged act did not occur, or that although the act at issue occurred, the subject officer’s actions were lawful and proper and within the scope of the subject officer’s authority under police department guidelines.
Not Sustained: A finding at the conclusion of an investigation that there is insufficient evidence to establish whether an act of misconduct occurred.
Sustained: A finding at the conclusion of an investigation by a preponderance of the evidence that the subject officer committed the act charged in the allegation and that it amounted to misconduct.
Closed: Vote to close the case.
Allegations
Allegation # 1:
Officer 1 violated RPD Rules and Regulation 4.6 by providing false statements, lacking a legitimate basis for initiating the traffic stop on a black 2022 Mitsubishi.
• Does the Board Agree with the Findings of Fact?Yes
• Does the Board Agree with the Substantiated Evidence of Misconduct?N/A
• Does the Board Agree with the Proposed Disciplinary Action?N/A
Closing Report
Statement of Authority
Article XVIII of the Rochester City Charter defines the authority and duties of the Police Accountability Board. Pursuant to § 18-1, “The Police Accountability Board shall be the mechanism to investigate such complaints of police misconduct and to review and assess Rochester Police Department patterns, practices, policies, and procedure...The Police Accountability Board shall provide a nonexclusive alternative to civil litigation.”
Executive Summary
The following event took place on December 7, 2022 at or near 601 Woodbine Ave, Rochester NY 14619 at approximately 1:35AM. On April 11, 2023, Complainant 1 submitted a report with the RPD Professional Standards Section (PSS) regarding an alleged improper procedure during a traffic stop that took place on or near 601 Woodbine Ave, Rochester NY 14619 on December 7, 2022. RPD notified the Police Accountability Board (PAB) on April 19, 2023.
Involved Officers
| Officer # | Officer Name | Officer Rank | IBM/Employee # | Date of Appointment | Sex | Race/Ethnicity |
|---|---|---|---|---|---|---|
| Officer 1 | testing | testing | testing | testing | testing | testing |
| Officer 2 | testing | testing | testing | testing | testing | testing |
Involved Individuals
| Designation | Name | Age | Sex | Race/Ethnicity |
|---|---|---|---|---|
| Complainant 1 | testing | 41 | M | Black |
| Witness 1 | testing | 33 | M | - |
| Witness 2 | testing | - | M | - |
Allegations
| 1 | Officer 1 | Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. |
| 2 | Officer 2 | Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. |
| 3 | Officer 1 | Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. |
Investigation
Complainant 1 filed a report with RPD Professional Standards Section (PSS) on April 11, 2023.
RPD notified the Police Accountability Board (PAB) on April 19, 2023. On April 19, 2023, the Police Accountability Board received notification of PSS Investigation along with case package. File case package Sent 4-19-23 includes; supporting deposition for tickets #1, and ticket #2, statement of correction, uniform traffic ticket, ECD job card, complaint form and audio, complainant advisement statements (stenograph), Body worn camera footage from three (3) different officers; Officer 1, Officer 2 and Officer 3 and external correspondence.
Evidence Reviewed
| Evidence | Description |
|---|---|
| ECD Summary of Events | This document is a summary of each event card and audio-recorded 911-call created by , provided to the PAB by ECD. The ECD summary spans the landlord-tenant PAB Investigator. Animal Services Report #DOC080624- 08062024130930 Animal Services Report #DOC080624- 08062024130721 Investigative Case Note 1 written by , dispute from April 25, 2022 to September 7, 2022. These files confirm June 8, 2022 and June 10, 2022 as dates of importance regarding the allegations. |
| Animal Services Report #DOC080624- 08062024130930 | Created by an Animal Control Officer on April 6, 2022. Animal Control was called to the address of Cottage Street because to assess the quantity of dogs on the property, the licenses for each dog on the property and the welfare of the dogs. |
| Animal Services Report #DOC080624- 08062024130721 | Created by an Animal Control Officer on May 23, 2022. Animal Control was called to the address of Cottage Street because to assess the quantity of dogs on the property, |
Evidence Denied
| Evidence | Description |
|---|---|
| ECD Summary of Events | This document is a summary of each event card and audio-recorded 911-call created by , provided to the PAB by ECD. The ECD summary spans the landlord-tenant PAB Investigator. Animal Services Report #DOC080624- 08062024130930 Animal Services Report #DOC080624- 08062024130721 Investigative Case Note 1 written by , dispute from April 25, 2022 to September 7, 2022. These files confirm June 8, 2022 and June 10, 2022 as dates of importance regarding the allegations. |
| Animal Services Report #DOC080624- 08062024130930 | Created by an Animal Control Officer on April 6, 2022. Animal Control was called to the address of Cottage Street because to assess the quantity of dogs on the property, the licenses for each dog on the property and the welfare of the dogs. |
| Animal Services Report #DOC080624- 08062024130721 | Created by an Animal Control Officer on May 23, 2022. Animal Control was called to the address of Cottage Street because to assess the quantity of dogs on the property, |
Applicable Rules & Laws
RPD General Order 415
A search is defined as any activity by a government official (including a police officer) that invades any area in which a person has a reasonable expectation of privacy. This includes, but is not limited to, a physical ently into an area, location or item; a visual inspection or smveillance into a private area without an actual physical entiy; an audito1y interception or overheai·ing of communications on a communications device, such as a telephone; and viewing data on a computer or similai· device. A search deals with a person's privacy rights and can occur regai·dless of whether any items are actually seized or taken by the police.
U.S. Constitution Amendment IV
The right of the people to be secure in then· persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no W atTants shall issue, but upon probable cause, suppolied by Oath or affnmation, and pa1ticularly describing the place to be seai·ched, and the persons or things to be seized.
Standard of Proof
For the purpose of PAB’s investigations, findings must be made pursuant to a “substantial evidence” standard of proof. City Charter 18-5(I)(10). This standard is met when there is enough relevant and credible evidence in the record as a whole that a reasonable person could support the conclusion made. (See 4 CFR §28.61(d)).
Analysis
Allegation 1: Officer 1 violated RPD Rules and Regulation 4.6 by providing false statements, lacking a legitimate basis for initiating the traffic stop on a black 2022 Mitsubishi.
The Body-Worn Camera (BWC) footage captured by Officer 1 begins with exiting patrol vehicle and approaching the driver’s side of the suspect vehicle. At this point, the driver’s window was only slightly open, creating a small gap that made it difficult to assess the interior of the vehicle. Officer 1 requested that the driver roll down window for everyone's safety, as the dusty condition of the windows lacked visibility; however, the driver refused to comply.
Recommended Findings
| Allegation# | Officer | Allegation | Finding/ Recommendation |
|---|---|---|---|
| 1 | 1 | Unlawful Entry (search) | Not sustained |
| 2 | 2 | Unlawful Entry (search) | Not sustained |
| 3 | 1 | Violation of BWC policy | Sustained |
Authority
Article XVIII of the Rochester City Charter further requires that the Police Accountability Board create a “written, consistent, progressive and transparent tool or rubric” that “shall include clearly delineated penalty levels with ranges of sanctions which progressively increase based on the gravity of the misconduct and the number of prior sustained complaints.” This disciplinary matrix is a non-binding set of guidelines for the Police Accountability Board’s own recommendations regarding officer misconduct. .Disciplinary Matrix Appendix
Appendix A
Case details
Date/Time/Location of Incident:
Date/Time of PAB notification:
Involved Member #1:
Involved Member #2:
Involved Individual #1:
Involved Individual #2:
[Name, star#, employee ID#, Date of Appointment, Unit of Assignemnt, gender, race]
[Name, gender, race]
Appendix B
This appendix contains the definitions of PAB's findings and the applicable standard of proof
Appendix B
Definition of PAB's Findings and Standard of Prood
For each Allegation, PAB must make one of the following findings:
1. Sustained - where it is determined the allegation is supported by a preponderance of the evidence;
2. Not Sustained - where it is determined there is insufficient evidence to prve the allegations by a preponderance of the evidence
3. Unfounded - where it is determined by clear and convinccing evidence that an allegation is false or not factual; or
Exonerated - where it is deternined by clear and convincing evidence that the conduct described in the allegation occurred, but it is lawful and proper
Appendix C
Transparency and publication categories