DM 06.14 - Gang Investigations.pdf

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL EFFECTIVE: 06.14 SUBJECT: REVISED: September 1, 1998 March 01, 2014 _____________________________________________________ Daniel J. Oates, Chief of Police GANG INVESTIGATIONS REFERENCES: PAGE: 1 of 4 6.14 GANG INVESTIGATIONS All suspected gang member contac...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL EFFECTIVE: 06.14 SUBJECT: REVISED: September 1, 1998 March 01, 2014 _____________________________________________________ Daniel J. Oates, Chief of Police GANG INVESTIGATIONS REFERENCES: PAGE: 1 of 4 6.14 GANG INVESTIGATIONS All suspected gang member contacts will be documented. All gang related/motivated crimes and incidents will be thoroughly investigated and reported. Members will collect and report information on all types of gangs and will not focus on any one gang solely because of ethnic or socioeconomic status. 6.14.1 Gang Definitions A Criminal Street Gang is any enterprise, organization, association, or group, comprised of three or more persons, who have a common name or common identifying sign or symbol, and whose members individually or collectively are engaged in criminal activity. A Gang Member is a juvenile or adult who: (a) Admits to membership in a Criminal Street Gang; or, (b) Commits a Gang Motivated Crime; or, (c) Has been identified by another law enforcement agency as belonging to a Criminal Street Gang applying similar criteria (a, b, & d) to those found in this definition; or, (d) Exhibits a combination of two or more of the following: 1. Wears clothing, other than part of a fashion trend, which is common to a Criminal Street Gang, e.g., a bandanna, clothing of a particular color or with insignias indicating membership to a Criminal Street Gang. 2. Displays mannerisms, which identify the person as a member of a Criminal Street Gang, e.g., hand signs, speech patterns, or slang. 3. Admits detailed knowledge of Criminal Street Gang activity. Directive Manual (Revised: 3-01-2014) 06.14 GANG INVESTIGATIONS Daniel J. Oates Page 2 of 4 4. Authors a written or electronic correspondence indicating membership in a Criminal Street Gang. 5. Admits to the use of a moniker typical of Criminal Street Gang members. 6. Have tattoos that indicate membership in a Criminal Street Gang. 7. Has been identified as a gang member by a previously reliable informant. A Gang Associate is a juvenile or adult who has not been positively identified as a Gang Member but does associate with a Criminal Street Gang. A Possibly Gang Related Crime is an offense or incident in which any of the involved parties are suspected, but unconfirmed, gang member(s) or in which gang motivation is suspected but unconfirmed. A Gang Related Crime is a crime in which either the suspect or the victim is a known or suspected Gang Member and the evidence does not show that the gang member’s affiliation had a causal relationship to the crime. A Gang Motivated Crime is a criminal act, which is committed for the benefit of, at the direction of, or in association with any Criminal Street Gang with the intent to promote, further, or assist the Criminal Street Gang. 6.14.2 Member Responsibility Members investigating any crime will evaluate the facts and circumstances to determine if the victims, suspects or witnesses are known or suspected gang members or associates. Members will investigate crimes to determine any gang relation. Crimes will be separated into one of these four categories. N – No (no gang involvement or motivation) P – Possible gang involvement (unconfirmed or suspected gang involvement or motivation) R – Gang Related (Any entity is a known gang member) M – Gang motivated (Promote / further the criminal enterprise of the gang) Officers completing a General Offense Report are required to indicate, based upon the information available to them at the time, the appropriate classification of the incident. MRE - select one of the four choices from the Table Help window. Directive Manual (Revised: 3-01-2014) 06.14 GANG INVESTIGATIONS Daniel J. Oates Page 3 of 4 General Offense Report Form APD 001a - indicate in the space beside the Gang Involvement check box (located at the bottom), one of the four choices by writing or typing the appropriate classification. Officers will document in the narrative portion of their report facts to substantiate their classification. Facts especially important are the member's experience related to gang members and activity; geographic relationship to gang activity; descriptive information concerning clothing, physical mannerisms, tattoos, statements made by gang members and statements concerning gang members or activity. Members will complete the appropriate reports and/or Field Interview cards when known or suspected gang members or associates are contacted during non-criminal incidents or investigations and forward these to the Investigative Support Section / Intelligence Unit. A member who is responsible for presenting a felony case for filing and who has reason to believe that the suspect is affiliated or associated with gangs or gang activities will, before presenting such case for filing, inquire of the Investigative Support Section / Intelligence Unit regarding such affiliation or association. If the suspect in fact affiliates or associates with gangs or gang activities, such information will be presented to the District Attorney's office at the time of case filing pursuant to 16-21-103(1) CRS (as amended). Members who determine through follow-up investigation that a crime which has not been identified in the original report as a gang related/motivated crime, is in fact a gang related/motivated crime, will complete a supplemental report detailing their reasons for making such a determination. A copy of the supplemental report will then be forwarded to the Investigative Support Section / Intelligence Unit. 6.14.3 Computer Tracking When a member determines that a crime is gang related/motivated, the member will report this information as outlined above. If an officer is uncertain whether an incident is gang-related or gang-motivated based upon the information available at the time the report is initiated, it is permissible to classify it as Possibly Gang Related. The report will be reviewed by the Investigative Support Section / Intelligence Unit for reclassification, as appropriate. An officer may use any of the following means to substantiate a person’s gang status:  Observations of any distinguishing characteristics or traits (see Gang Member criteria above)  Query the person in Versadex and check for a Gang Record listed under the Related Events portion of the person’s record. The Gang Record uses the code GN, followed by the gang record number, date the record was created, and the gang name & set.  Query the person using CCIC/NCIC and check for Gang records. Directive Manual (Revised: 3-01-2014) 06.14 GANG INVESTIGATIONS Daniel J. Oates Page 4 of 4 The formal process of validating and creating a Gang Record for a gang member is the responsibility of the Investigative Support Section / Intelligence Unit. However, the validation process relies heavily upon the information provided by officers who come in contact with known and suspected gang members. Officers in contact with known or suspected gang members should use the above criteria as a basis for documenting the contact on either a Street Check (Field Interview) or in an Offense Report. A Gang Verification text template has been added to the MRE and is available in all of the MRE modules, including General Offense, Street Check, Follow up and Supplemental. The header of the text document should contain the name of the subject. The relevant criteria should be marked either Y for Yes or N for No. A brief description should accompany each selection marked Y (Yes). This template is also available to those doing direct entry into Versadex. When a member completes a report, a Municipal Criminal Summons or a Field Interview Card on a crime or other gang related/motivated incident, the member will clear the call/contact using the appropriate gang related/motivated disposition codes to allow for the tracking of gang crimes and incidents. 6.14.4 Report Distribution Records Unit personnel will forward a copy of all gang related/motivated reports to the Investigative Support Section / Intelligence Unit. The Intelligence Unit will be responsible for the maintenance, analysis, and distribution of all gang information.