Policy
421
Napa Police Department
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Criminal Organizations -
1 Criminal Organizations
421.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a procedure for the Napa Police Department to identify and properly collect and retain intelligence on criminal organizations including criminal street gangs (PC § 186.22) within the jurisdictional boundaries of the Napa Police Department. The California State Legislature has found that the State of California is in a state of crisis which has been caused by violent criminal street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods (PC § 186.22). These collective activities present a clear and present danger to public order and safety and are not constitutionally protected. This policy will ensure the Napa Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises while ensuring that citizens within the community are not deprived of their Constitutional rights to freedom of expression and association in a lawful manner. 421.1.1 DEFINITIONS
Definitions related to this policy include:
Criminal intelligence system-
Any record system that receives, stores, exchanges or
disseminates information that has been evaluated and determined to be relevant to the identification, investigation, or prosecution of a criminal organization or enterprise, its members, associates, or affiliates. This does not include temporary information files.
Criminal street gang
– Any ongoing, organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in PC § 186.22(e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal activity (PC § 186.22(f)).
Criminal street gang member
– An individual shall be documented as a member of a criminal street gang by the Special Enforcement Unit when an individual scores three (3) or more points on the below-listed Classification Matrix, those scores have been verified by a Special Enforcement Unit Detective based on their training and experience, and such classification has been approved by a Special Enforcement Unit supervisor:
(a)
An individual admits membership in a criminal street gang (2 points) (b)
A reliable/tested informant identifies an individual as a member of a criminal street gang (2 points)
(c)
An individual is required to register with law enforcement as a gang member pursuant to PC § 186.30 or any term of a criminal sentence or plea agreement (2 points) (d)
An untested informant identifies an individual as a member in a criminal street gang, and that identification is corroborated by independent information collected by law enforcement (1 point)
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(e) An individual frequents any/all of a criminal street gang's regular areas or hotspots of criminal activity, commonly referred to as a gang's "turf", and/or frequents a known rival criminal street gang's turf in such a manner that is consistent with known tactics of criminal street gangs to intimidate rivals and seize control of their turf (1 point) (f) An individual has been arrested while participating in a crime with known gang members or associates (1 point)
(g) An individual is observed associating with known gang members either physically or through use of communications technology, and/or an individual has been placed on probation with specific terms to not associate with or contact known criminal street gang members and/or associates (1 point)
(h) An individual is observed displaying symbols, insignia, acronyms, words, monikers, and/or hand signs consistent with the signs and symbols of a specific criminal street gang and/or that gang's known allies at the time of the display; this display may be a physical public display or through textual or audiovisual communications with other individuals (1 point)
(i) An individual wears a specific style and/or color of garb such as clothing or jewelry which has an identifiable nexus to a particular criminal street gang or that gang's known allies (1 point)
(j) An individual has tattoos with an identifiable nexus to a specific criminal street gang or that gang's known allies or rivals (1 point)
(k) An individual is identified in any internal criminal street gang roster/list of membership as being a member of a criminal street gang, an individual is identified by a known criminal street gang member, through intercepted public or private textual or audiovisual communications, as being a member of a criminal street gang, or an individual's name or moniker appears in gang graffiti (1 point) (l) An individual is housed in custody in a manner consistent with housing for members of a particular criminal street gang due to jail classification procedures or safety measures implemented by jail staff due to conflict between criminal street gangs in custody (1 point)
Should an individual meet three or more points on the Classification Matrix, the quality and character of the observed criteria and the investigation(s) from which they were recovered will be evaluated and verified by a Special Enforcement Unit Detective and approved by a Special Enforcement Unit Supervisor prior to documentation of an individual as a gang member in any Criminal Intelligence System. Although it suggests a substantial probability that an individual may be a gang member if they meet three or more points on the Classification Matrix, the mere existence of the criteria alone does not automatically classify an individual as a gang member as that opinion of classification shall solely be rendered by a Special Enforcement Unit investigator.
Nothing outlined in this policy shall prohibit a sworn Napa Police Department peace officer who is not a member of the Special Enforcement Unit from effecting an arrest of an individual for a gang-related offense without first consulting a Special Enforcement Unit detective, provided that the officer finds probable cause that a gang-related offense has been committed.
Napa Police Department
Napa PD Policy Manual
Criminal Organizations
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Published with permission by Napa Police Department
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Criminal street gang associate – The Napa Police Department recognizes that not all persons who illegally and actively participate in public offenses that willfully promote, further, or assist in criminal conduct by gang members are themselves criminal street gang members (PC § 186.22(j)). An individual may be considered a criminal street gang associate when the individual has an articulable nexus to or affiliation with a criminal street gang, and an officer has established that there is reasonable suspicion that the individual is involved in criminal activity. As used in this paragraph, reasonable suspicion is established when information exists which establishes sufficient facts to give a trained law enforcement or criminal investigative officer, investigator, or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise (28 CFR 23.20). 421.2 POLICY
The Napa Police Department recognizes that certain criminal activities, including but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area.
It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public.
421.3 INFORMATION RECOGNITION
While many department members not serving in a specialized role will not have access to a criminal intelligence system,department members should nonetheless document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to:
(a) Gang indicia associated with a person or residence. (b) Information related to a drug-trafficking operation. (c) Vandalism indicating an animus for a particular group. (d) Information related to an illegal gambling operation.
Department supervisors who utilize an authorized criminal intelligence system should work with the Special Operations Lieutenant to train members to identify information that may be particularly relevant for inclusion.
421.4 CRIMINAL STREET GANGS
In collaboration with the Special Operations Lieutenant and Command staff, the Special Enforcement Unit supervisor should ensure through provision of sufficient in-house and outside training resources that there are an appropriate number of department members who can:
(a) Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with:
1. Any organization, associate or group of three or more persons that meets the definition of a criminal street gang under Penal Code § 186.22(f).
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2. Identification of a person as a criminal street gang member and criminal street gang-related crimes.
3. The California Street Terrorism Enforcement and Prevention Act (Penal Code § 186.21 et seq.), associated crimes and what defines a criminal street gang (Penal Code § 186.22).
(b) Coordinate with other agencies in the region regarding criminal street gang-related investigations, enforcement, and abatement activities.
(c) Train other members to identify gang indicia and investigate criminal street gang- related crimes.
421.5 CRIMINAL INTELLIGENCE SYSTEMS
No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use.
Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20.
The supervisor of the unit that establishes an approved criminal intelligence system shall be responsible for maintenance of that system unless control of the system is otherwise designated in the system's establishment memorandum, responsibility for the system is formally transferred through subsequent memorandum, or the system is deprecated and purged entirely.The supervisor thusly designated as responsible for any criminal intelligence system or their authorized designee should ensure the following:
(a) Members using any such system are appropriately selected and trained. (b) Use of every criminal intelligence system is appropriately reviewed and audited. (c) Any system security issues are reasonably addressed. (d) If the criminal intelligence system is locally administrated, that data is appropriately purged periodically in compliance with 28 CFR 23.20.
421.5.1 SYSTEM ENTRIES
It is the designated supervisor's responsibility to approve the entry of any information from a report, field interview (FI), photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents, documents that are on file at another agency, or notes from debriefing a confidential informant, the designated supervisor should ensure copies of those documents are retained by the submitting officer or detective. Any crime report and/or supporting documentation submitted to the Records Bureau for an entry shall be retained in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system.
The designated supervisor should ensure that any documents retained by the Records Bureauhave restricted access and, when appropriate, are appropriately marked as Napa Police Department
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"RESTRICTED/CONFIDENTIAL" intelligence information. The Records Bureau Administrator may not purge such documents without the approval of the designated supervisor. 421.5.2 GANG DATABASES
The Chief of Police may approve participation by the gang unit in a shared criminal gang intelligence database. Members must obtain the requisite training before accessing any such database (11 CCR 751.6).
It is the Special Enforcement Unit supervisor's responsibility to determine whether any report or FI contains information that would qualify for entry into the database. Prior to designating any person as a suspected gang member, associate, or affiliate in a shared gang database; or submitting a document to the Attorney General's office for the purpose of designating a person in a shared gang database; or otherwise identifying the person in a shared gang database, the gang unit supervisor shall provide written notice to the person and, if the person is under the age of 18, to his/her parent or guardian of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of a minor. Notice shall also describe the process to contest the designation (Penal Code § 186.34).
The person, an attorney working on his/her behalf, or his/her parent or guardian (if the person is under 18 years of age) may request, in writing, information as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by the Department, the basis for that designation, and the name of the agency that made the designation.
The Department shall respond to a valid request in writing within 30 days, and shall provide the information requested unless doing so would compromise an active investigation or compromise the health and safety of the person if he/she is under 18 years of age (Penal Code § 186.34).
The person, or his/her parent or guardian if the person is under 18 years of age, may contest the designation by submitting written documentation, which shall be reviewed by the gang unit supervisor. If it is determined that the person is not a suspected gang member, associate, or affiliate, the person shall be removed from the database. The person and the parent or guardian shall be provided written verification of the department's decision within 30 days of receipt of the written documentation contesting the designation and shall include the reason for a denial when applicable (Penal Code § 186.34).
The Special Enforcement Unit supervisor should forward reports or FIs to the Records Bureau after appropriate shared database entries are made. The supervisor should clearly mark the report/FI as gang intelligence information.
It is the responsibility of the Records Bureau supervisor to retain reports and FIs in compliance with the database rules and any applicable end user agreement.
Records contained in a shared gang database shall not be disclosed for employment or military screening purposes, and shall not be disclosed for the purpose of enforcing federal immigration law unless required by state or federal statute or regulation (Penal Code § 186.36).
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421.6 TEMPORARY INFORMATION FILE
No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved criminal intelligence system only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of criminal intelligence system entries.
421.6.1 FILE CONTENTS
A temporary information file may only contain information and documents that, within one year, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system.
Information and documents contained in a temporary information file:
(a) Must only be included upon documented authorization of the responsible department supervisor.
(b) Should not be originals that would ordinarily be retained by the Records Bureau or Property and Evidence Section, but should be copies of, or references to, retained documents such as copies of reports, FI forms, Napa Central Dispatch records or booking forms.
(c) Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. (d) May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information.
421.6.2 FILE REVIEW AND PURGING
The contents of a temporary information file shall not be retained longer than one year. At the end of one year, the contents must be purged or entered in an authorized criminal intelligence system, as applicable.
The designated supervisor shall periodically review the temporary information files to verify that the contents meet the criteria for retention. Validation and purging of files is the responsibility of the supervisor.
421.7 RELEASE OF INFORMATION
Department members who utilize an authorized criminal intelligence system shall comply with the rules of that criminal intelligence system regarding inquiries and release of information.
Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance and Release Policy.
When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's name is in a temporary information file, such information should be provided by the supervisor Napa Police Department
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responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. 421.8 TRAINING
The Special Operations Lieutenant should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include:
(a) The protection of civil liberties.
(b) Participation in a multiagency criminal intelligence system. (c) Submission of information into a multiagency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes.
(d) The type of information appropriate for entry into a criminal intelligence system or temporary information file.
(e) The review and purging of temporary information files. 421.8.1 SHARED GANG DATABASE TRAINING
The Special Operations Lieutenant should ensure that members who are authorized users of a shared gang database receive the required training from the California Department of Justice (DOJ) or an instructor certified by the DOJ that includes comprehensive and standardized training on the use of shared gang databases, and any other associated training required by the Department (Penal Code § 186.36; 11 CCR 751.6).