The 22-year-old son of Boston Police Commissioner Edward F. Davis was about to drive home from the TD Garden Monday night when a patrolman stopped him, concerned he might have had too much to drink to be behind the wheel, according to a report.
Philip Davis was not arrested, but the case remains under investigation and police have notified senior Suffolk prosecutors about the incident.
Davis had just left the Garden with his girlfriend and had gone into a parking garage heading to his truck, when a passerby saw him.
The witness alerted an officer who was just finishing his shift that Davis appeared to be under the influence of alcohol and had just gotten into a blue pickup truck, according to a report written by Superintendent in Chief Daniel Linskey.
The officer waited outside the garage until he saw the truck leaving.
The officer stopped him, began talking to Davis, and determined that Davis had been drinking, but was unsure if he was impaired.
Davis, the report stated, told the officer that his father is the commissioner and said “something to the effect that he wouldn’t want to upset the officer or his father,” according to the report.
“ ‘If you’re concerned, I can just park the car and get home another way,’ ” Davis allegedly said.
The officer, who also noted that it had been snowing that night, agreed that was the best solution. He then offered Davis and his girlfriend a ride home, but said he needed to clear it first with his duty supervisor.
“After completing his paperwork and tour of duty, officer drove them to their home,” Linskey wrote.
The officer followed proper procedure, said police spokeswoman, Cheryl Fiandaca. Officers are not obligated to administer a breathalyzer test, she said.
“In these types of stops, officers have complete discretion, based on their observations, to determine what, if any further steps should be taken,” Fiandaca said.
Linskey wrote the report after the commissioner directed him Tuesday to conduct an investigation into what happened.
“Commissioner Davis informed me that he was removing himself of any involvement in this investigation,” Linskey wrote.
The commissioner told Linskey he should seek guidance from the city’s corporation counsel if he needed it. Linskey notified Suffolk District Attorney Daniel Conley’s office about the incident, according to the report.
Commissioner Davis declined to comment through Fiandaca.
“All appropriate protocol has been followed,” Fiandaca said. “The department is investigating the incident and plans to turn over reports to the Suffolk County district attorney’s office.”
Jake Wark, a spokesman for Conley, confirmed that Linskey called Conley’s top prosecutor, First Assistant District Attorney Patrick Haggan.
He said it is too early to determine whether any charges would be filed.
“We haven’t seen the reports, so we’re not prepared to comment on that,” Wark said.