HENDERSON POLICE DEPARTMENT

HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 1 OF 4

Officer Name / P#: Bryan # 1587, Seekatz # 1140 Division: SSD CASE #: 2015-007

Date / Time of Occurrence: 1-21-15, 1636 HRS Duty Status: On Duty

Investigator(s): Lt. Brooks # 846

Allegations/Complaint:
Antonio Falcon alleged that on 1-21-15 at approximately 1636 hours, Officer Bryan # 1587 racially profiled him
to conduct a traffic stop at Stephanie and Santiago documented under event #LHP1501121000539.
Specifically, Antonio advised the window to his vehicle was down, and he appears to be of Hispanic descent
which he felt was the cause for the stop. Antonio further stated that Officer Bryan failed to identify himself
upon his approach, and immediately demanded his license, registration, and insurance in a rude tone. Antonio
advised that Officer Bryan informed him his headlights were illegal (Blue) and he tried to explain they were day
running lamps, but Officer Bryan would not allow him to explain. He stated that he requested the presence of a
supervisor and when he spoke with Sgt. Seekatz, he too was rude by laughing at him when he expressed his
concerns of racial profiling.

Investigative Overview:
On 2-5-15 I, Lt. Brooks # 846, was assigned to investigate the above listed allegations based on IAB’s initial
interview with the complainant. Upon review of the case notes and DSS summary, I served Officer Bryan and
Sgt. Seekatz with an HPD 75, notice of administrative investigation. I also requested that Officer Matuszak #
794 speak with me as he showed being on scene per DSS.

On 2-9-15 I conducted an unrecorded interview with Officer Matuszak. Officer Matuszak waived his right to
have a representative with him. Officer Matuszak advised the following: He heard on the radio Officer Bryan
requesting an officer with a tint meter as well as a supervisor to respond to his location. Officer Matuszak
responded because he had a tint meter. Upon his arrival, he gave the tint meter to Officer Bryan. Officer
Matuszak advised he did not interact with Mr. Falcon, and he stood by merely to assist with the tint meter. He
did recollect that the tint on Mr. Falcon’s car was extremely dark and illegal. From what he observed, the
interactions between Mr. Falcon, Officer Bryan, and Sgt. Seekatz appeared professional. He did not have
anything else to add and did not recall anything out of the ordinary during the investigation.

On 2-11-15 I interviewed Officer Bryan # 1587. The interview was not recorded and he waived his right to have
a representative with him. It should be noted he was served with an HPD 75 on 2-5-15. Officer Bryan advised
that as he was travelling on Stephanie near Santiago when he observed a dark colored Acura TL travelling in
the opposite direction. What brought the vehicle to his attention was the fact that the car had bright blue
headlights, a violation of NRS 484A.480-7. He further noted that the vehicle had exceptionally dark tint. As he
passed the vehicle, he turned around and initiated a traffic stop. He approached the car and could not see in
as the tint was too dark. Mr. Falcon rolled his window down, and Officer Bryan identified himself and advised
Mr. Falcon of the blue light violation. Mr. Falcon advised that the vehicle came that way when he bought it and
he has driven it in other states without any issues. Officer Bryan informed him, in Nevada, the blue lights are
illegal as they can be perceived as coming from a police vehicle. Officer Bryan then wrote Mr. Falcon a ticket
for the illegal blue lights. Mr. Falcon then began to protest initially asking for just a warning. Officer Bryan
stated he was giving him a warning on his tint and advised Mr. Falcon on the citation process. Mr. Falcon
protested further by stating, “I am the only one that works in my family, I can’t afford this.” Mr. Falcon then
demanded to speak with a supervisor, and he stated “you should treat me like a king; I work for Channel 13
and will do a segment on how bad HPD is if I get a ticket.” Officer Bryan informed Mr. Falcon that a supervisor
would be en route, and as an FYI; the supervisor may recommend a citation for the tint. Officer Bryan then

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advised that he walked back to his motorcycle and waited for Sgt. Seekatz. He stated the interaction between
him and Mr. Falcon was cordial. Mr. Falcon did start to change his attitude by getting angry when he learned
he was getting a ticket. He further stated that as a rule, on every traffic stop he identifies himself and notifies
the driver of the reason for the stop. Officer Bryan advised that due to the bright blue lights and dark tint on the
vehicle he could not see who or what nationality the occupants were. He further added that his stop was based
solely on the illegal blue lights. He also stated that he would classify Mr. Falcon as being a Caucasian male
adding that at no time did Mr. Falcon accuse him or bring up race as a basis for the stop.

After Officer Bryan’s interview, I spoke with Sgt. Seekatz. The interview with Sgt. Seekatz was unrecorded and
he waived his right to have a representative with him. It should be noted he was served with an HPD 75 on 2-
5-15. Sgt. Seekatz advised that Officer Bryan requested that he respond to the scene of his traffic stop due to
a citizen wanting to speak with a supervisor. When Sgt. Seekatz arrived, Officer Bryan informed him of what he
stopped Mr. Falcon for. Sgt. Seekatz then spoke with Mr. Falcon who was cordial initially. Sgt. Seekatz advised
that Mr. Falcon asked for a break on the citation; claiming that his lights weren’t blue. Sgt. Seekatz told Mr.
Falcon to turn on his lights so he could see if it was merely a shade or hue coming from the LED lights. When
Sgt. Seekatz told him to turn on his lights, Mr. Falcon only turned on his normal headlights. Sgt. Seekatz
looked at Officer Bryan and stated they look normal. Officer Bryan then told Mr. Falcon to turn on his blue
lights. Reluctantly, Mr. Falcon did so and the headlights were a very bright blue, dispelling any doubt as to the
color being misconstrued. Per Sgt. Seekatz, he spoke with Mr. Falcon at the front of his car as Officer Bryan
was walking back to his motorcycle. Sgt. Seekatz spoke with Mr. Falcon about the safety of proper lights and
informed him the officer was correct in issuing the ticket. Mr. Falcon then demanded professional courtesy
stating the police are here to serve, and they should treat him like a king by giving him a warning which would
imply serving. When Sgt. Seekatz stated that his tint was the warning, Mr. Falcon stated that he works for
Channel 13 News, he will be going to the media for this, and he will run a story on the PD if he is cited. Sgt.
Seekatz asked him if he was stating this as a threat toward the police. Mr. Falcon then changed his story and
stated that Officer Bryan had racially profiled him because he looks Hispanic. Sgt. Seekatz subsequently asked
Mr. Falcon to repeat what he said telling him you don’t look Hispanic at all, in fact you look Italian. Mr. Falcon
admitted he was Italian, but restated Officer Bryan racially profiled him because he looks Hispanic. Sgt.
Seekatz pointed at Officer Bryan from a distance and stated with a halfhearted laugh, (because he felt the
accusation was so ridiculous), “You mean to tell me, that that Black officer racially profiled you because you
look Hispanic, even though your windows are darkly tinted?” Mr. Falcon stated “yes,” and his demeanor
became condescending. Because of the allegation of racial bias, Sgt. Seekatz had the window tint tested
which confirmed that the tint was in fact illegal. Based on the fact that Mr. Falcon was alleging the stop was
based on racial profiling he ordered Officer Bryan to also issue a citation for illegal tint. He advised he made
this decision to protect Officer Bryan from the allegation, as the dark tint and bright lights make it almost
impossible to see into the front windshield clearly and discern what nationality the driver was. At no time did
Mr. Falcon advise Sgt. Seekatz that officer Bryan had failed to identify himself. Mr. Falcon did state he was
going to go IAB and file a complaint. Sgt. Seekatz advised that Officers Forrey and Schaeffer were also on
scene. They were riding together in an unmarked blue Impala as Officer Schaeffer was in a TDY status with
the traffic unit.

On 2-18-15, I interviewed Officer Forrey #1210. The interview was unrecorded and there were no
representatives present, indicating he waived his right for representation. Officer Forrey advised that he heard
Officer Bryan conduct a traffic stop and he and Officer Schaeffer responded to the location. Officer Forrey
recalled speaking with Officer Bryan regarding the blue lights, and when Sgt. Seekatz arrived he approached

HPD 0076 City of Henderson, NV Revised: 12/22/2010

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ADMINISTRATIVE REPORT
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Mr. Falcon’s car to view the lights. He stated that once the blue lights were turned on, he was almost blinded
by them and when he diverted his eyes he was seeing spots due their brightness. He walked back to towards
his car, and around that time, he heard the male speaking to Sgt. Seekatz stating he was profiled because he
looks Mexican. The window tint was tested and then Mr. Falcon was written a citation. Officer Forrey advised
that he heard Mr. Falcon state “it wouldn’t look good for HPD if he received the ticket.” According to officer
Forrey, it appeared that Mr. Falcon was trying to get out of receiving a ticket. He stated that at no time did he
observe Officer Bryan or Sgt. Seekatz act unprofessional during the interaction with Mr. Falcon.

I was then able to speak with Officer Schaeffer in an unrecorded interview. Officer Schaffer waived
representation. He advised he was riding with Officer Forrey as he was doing a TDY with the traffic unit, DUI
Squad. He recalled hearing Sgt. Seekatz ask Mr. Falcon “My black officer racially profiled you?” He stated that
Mr. Falcon had a little bit of an attitude and it was apparent he was attempting to get out of a traffic ticket. To
the best of Officer Schaeffer’s memory both Sgt. Seekatz and Officer Bryan were professional and polite with
Mr. Falcon.

HPD 0076 City of Henderson, NV Revised: 12/22/2010

 HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 4 OF 4

The aforementioned incident(s) may be a violation of the following:

DPM1094 Code of Conduct – Conduct Unbecoming:

Use of rude or insulting language or conduct offensive to the public while in
performance of your official duties. (Class 2)

DPM1094 Code of Conduct - Bias/Racial Profiling:

Using bias/racial profiling in the performance of duties. (Class 5)

PPM 1620 – Traffic Enforcement – Approach/Contact with Traffic Violators:

(.6) All officers contacting traffic violators shall do so in a firm, fair and professional
manner. Correcting unsafe driving habits of violators can best be achieved by officers
taking the necessary enforcement action and communicating with traffic violators in a
courteous and professional manner.

(.6 - 1) Officers shall communicate the following to violators after greeting them in a
courteous manner and identifying themselves:

DP103 The Police Role – Verbal Behavior:

Citizens object to actions or the use of language that offend their person, race or religion. Verbal abuse
is as demoralizing to human dignity as physical abuse. Everyone is entitled to be treated with respect
and dignity. (Class 3)

DP103 The Police Role – Personal Conduct:

The personal conduct of each employee of the Department is the primary factor in promoting public
trust. Tact, patience and courtesy shall be employed under all circumstances. Employees shall avoid
behavior that would tend to bring discredit to the Department. Conduct, whether on or off duty, shall be
such as to merit respect and confidence. (Class 3)
Officer Bryan and Sgt. Seekatz do not have any other sustained cases within the past two years for any same
or similar conduct affecting the class levels designated above.

To the best of my knowledge and belief, all entries made herein are true and impartial.

INVESTIGATOR: Lt. Brooks # 846 DATE: 3-2-15

HPD 0076 City of Henderson, NV Revised: 12/22/2010