Plaintiff:
Darnell A. Smith
Incident date:
09/14/2012
Location:
5900 S. California Ave.
Allegations:
Smith, an African-American male, was a passenger in a car with two other companions when they were pulled over by Officer Durkin and three other officers in an unmarked police vehicle. The officers pulled Smith and his companions out of the car. After Durkin demanded that they all “Get out now,” Smith asked if he was under arrest. Durkin replied, “I don't know yet,” and handcuffed him. Smith then asked Durkin if he was free to leave. Durkin refused to answer and remove the handcuffs. Durkin reached into Smith's rear pants pocket to take out his wallet and get out his identification card. The remaining officers then searched the vehicle. After searching the car, the officers returned Smith's ID card and removed the handcuffs from him and his companions. Durkin and the other officers left. No one received any traffic violations.