Gang Investigators Course

Transcription

1 Gang Investigators Course Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA Course Overview Students successfully completing this Gang Investigators Course should be able to demonstrate their knowledge of: Conducting lawful street gang investigations; conducting lawful arrests of suspects gang members; identifying street gangs and gang members through use of a common name, common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors; conducting lawful searches and seizures for gang culture evidence; and be able to demonstrate knowledge of the Official Codes of Georgia (OCGA) Title and Title ; and become familiar with select federal and state statutory and case law. Course Requirements 1. Students must take and complete a Pre-Test on Day 1 to determine their knowledge of basic street gangs. 2. Students must attend and successfully complete 90% of the course. All absences must be excused! 3. Students must complete all course assignments and actively participate during class lectures. 4. Students must take and achieve a minimum score of 70% on final test on Day 5. 1

2 Recruiting and Joining a Street Gang Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA Terminal Performance Objective: Recruiting and Joining a Street Gang Given a law enforcement investigation of criminal street gangs, officers will investigate the unlawful recruitment and the reasons why persons join criminal street gangs. Enabling Objectives 1. Discuss the three most common physical locations where gang members are recruited. 2. Discuss why do kids join gangs. 3. Discuss the impact of street gangs in the community. 4. Discuss the signs of gang involvement. 2

3 Recruiting Gang Members Where do Street Gangs come from? The three primary areas for recruiting new gang members are: 1. Schools 2. Neighborhoods 3. Jails and Correctional Institutions Recruiting Gang Members Schools provide a great place to: Recruit new gang members all day long! Gather intelligence on potential Street Gang members. Schools provide gangs a safe place. Meeting place to exchange information. Drug market Recruiting Gang Members Neighborhoods: are the second best location to: Recruit new gang members after school hours and on weekends! Teach potential Street Gang members about the gang and their methods of operation. Provide negative role models for the children of the neighborhood. 3

4 Recruiting Gang Members Jails and Prisons: provide a 24 hour location to: Offer weak inmates the opportunity to belong. Provide illegal drugs and tobacco. Falsely provide the belief there is safety in numbers by joining the gang. Why Do Kids Join Gangs? Recruiting Gang Members About 7% - 10% of teens say they belong to a gang or was a gang member. Gang members usually range in age from 12 to 25 years old. The average age is 17. Many large gangs have members of several age and ethnic groups. Some gangs may have specific ethnic groups, while other gangs contain a variety of ethnic members. About 20 percent of all teens know someone who was killed or injured by gang members. Why Do Kids Join Gangs? Recruiting Gang Members They may come from broken homes and are looking for more family security. They may be looking for acceptance. They don t think anyone values them as human beings. They are bored. They think gangs will provide them things they value most -- expensive sneakers, leather jackets, gold rings, etc. Gangs promise teens that they will take them in and take care of them just like a family. 4

5 Recruiting Gang Members Why Do Kids Join Gangs? They are drawn by parties, girls, & drugs. They are looking for a sense of respect and power. They find a feeling of caring and attention in a gang. It becomes almost a family to them. Some join for self protection because they are picked on by other gangs. Some grow up in a neighborhood where it is almost a way of life. Recruiting Gang Members Impact of Street Gangs in Schools and Communities Increase fear in students and local residents. Property vandalized and marked with gang graffiti. Possible drop of property values (perpetuating increased risk factors) Businesses close. Families move away and relocate. Recruiting Gang Members Signs of Street Gang Involvement 1. New friends are suspected to be gang members 2. Tattoos - possibly self-inflicted 3. Start using a new nickname. 4. Street gang graffiti on personal papers and items, school books, or bedroom walls. 5. The use hand signals when socializing. 5

6 Recruiting Gang Members Signs of Street Gang Involvement: (cont d) 6. Spending more time away from home with new friends. 7. Possession more money or material possessions than normal. 8. Signs of physical injuries with a poor excuse for how they got them. ("jumped in or beat down ) 9. More confrontation with school authorities and law enforcement officers. 10. Losing interest in school, sports, church, hobbies, and long time friends. Recruiting Gang Members Are there any questions? Street Gang Initiations Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA

7 Terminal Performance Objective: Street Gang Initiations Given a law enforcement investigation of criminal street gangs, officers will investigate the various types of criminal street gang initiations. Enabling Objectives 1. Discuss the three most common types of street gang initiations. 2. Discuss the Jump-In or Beat-In initiation. 3. Discuss the Sexed-In or Beat-In initiation. 4. Discuss the Blessed-In or Quoted-In initiation. Gang Initiations Gang Initiations Proving your loyalty! Generally, persons joining criminal street gangs have to do something or have a reputation that will prove to the leadership and membership of the gang that they ll be loyal members or soldiers to the gang. The three main types of initiations in criminal street gangs are: 7

8 Gang Initiations Jumped-in or Beat-in. Boys usually have to get assaulted or beat-in by several other gang members at the same. This is also called getting jumped-in. This type initiation is also starting to become a common practice for girls. Girls may be required to have sex with several gang members as their initiation into a street gang. Sexed-in or Diced-in Gang Initiations This initiation may also be called getting Diced-in. 8

9 Gang Initiations Blessed-in or Quoted-in. To prove themselves to be loyal gang members, new candidates may be required to commit a crime such as a robbery or participate in a driveby shooting. Blessed-in or Quoted-in. In some cases, a potential member may be Quoted-In as a new gang member. This occurs when a leader of the gang vouches for a new candidate because of their past criminal activities and trustworthiness. Gang Initiations 9

10 Categories of Criminal Street Gangs Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA Terminal Performance Objective: Categories of Criminal Street Gangs Given a law enforcement investigation of criminal street gangs, officers will investigate the seven categories of criminal street gangs. 10

11 Enabling Objectives 1. Discuss and evaluate the four largest Gang Nations or Gang Groups in the United States. 2. Discuss the seven categories of Criminal Street Gangs operating in Georgia and the United States. Categories of Gangs in USA Four Largest Gang Nations or Gang Groups in the United States 1. People Nation 2. Folk Nation 3. Sur Norte 14 Categories of Gangs * Traditional Street Gangs * Non-Traditional Street Gangs * Religious Cults * Tagger s * Hate Groups * Outlaw Motorcycle Gangs * Criminal Enterprise Gangs 11

12 Categories of Gangs Traditional Street Gangs These are the established criminal street gangs known to law enforcement and are depicted in Hollywood movies and music videos. They include street gangs such as: Folk and People Nation gangs Blood and Crip gangs Vice Lords Latin King and Queen Nation People Nation Sign on left side Red color Bloods street gang Latin Kings (gold & black) 5 Traditional Street Gangs Categories of Gangs Folk Nation Sign on right side Blue color (black) Crips street gang Gangsta Disciples 6 Bloods Street Gang Traditional Street Gangs The Bloods Street Gang began at Centennial High School in Compton, CA, in late 1971 or early The gang was originally known as the Piru Gang since many of the gang members lived or hung out on Piru Street, in Compton, CA. The gang adopted the color red and started wearing red clothing, hats, and carried red handkerchiefs to show their outward alliance to the gang. The color red was allegedly one of the schools colors of the Centennial High School. 12

13 Traditional Street Gangs Bloods Street Gang - (cont d): Formed initially to compete against the influence of the Crips in Los Angeles. The origin of the Bloods and their rivalry with the Crips dates to the 1970s, where the Pirus street gang, originally a set, or faction, of the Crips, broke off during an internal gang war, and allied with other smaller gangs to found the gang that would eventually become known as the Bloods. The Pirus are therefore considered to be the original founders of the Bloods. Traditional Street Gangs Bloods Street Gang - (cont d): During the rise of crack cocaine, the gang's focus shifted to drug production. Bloods sets operate independently of each other, and are currently located in almost all States. Blood sets on the East Coast are often seen as affiliated with the United Blood Nation, a gang which originated in Rikers Island. Traditional Street Gangs 13

14 Traditional Street Gangs Traditional Street Gangs Crips Street Gang Originating in Los Angeles, California in 1969, The Crips are one of the oldest, largest and most notorious gangs in the United States. Traditional Street Gangs The Crips were founded by 15 year old Raymond Washington along with Stanley "Tookie" Williams and Avalon Gardens resident Jimel Barnes. Initially the gang were called the Baby Avenues (named after the older local gang members at the time called the Avenues). 14

15 Crips Street Gang (cont d): The name "Crips" was first introduced in the Los Angeles Sentinel newspaper in a description by crime victims of young men with canes, as if they were crippled (though there is some discussion that it may have initially been a simple spelling mistake). Eventually, Stanley Tookie Williams, generally acknowledged as cofounder of the Crips, started his own gang called, The Westside Crips. Traditional Street Gangs Crips Street Gang (cont d): Traditional Street Gangs The initial intent of the Crips were to continue the revolutionary ideology of the 1960s within the African American community (C.R.I.P. originally stood for Community Revolution In Progress). These aspirations were unattainable because of a general lack of political leadership and guidence. Washington and Williams were never able to develop an agenda for social change within the community. The revolutionary vision did not endure because of immaturity and a lack of leadership. The Crips became increasingly violent as they attempted to expand their turf. Crips Street Gang (cont d): Traditional Street Gangs By the early 1980s, crack cocaine had emerged in urban poor areas and was being distributed by gang members, causing a cycle of violence and retalitory killings. The Crips became popular throughout southern Los Angeles as more youth gangs joined it; at one point they outnumbered non-crip gangs by 3 to 1, sparking disputes with non-crip gangs including the L.A. Brims, Athens Park Boys, the Bishops and the Denver Lanes. The Crips eventually became the most powerful gang in California. 15

16 Traditional Street Gangs ww Traditional Street Gangs Traditional Street Gangs 16

17 Traditional Street Gangs Traditional Street Gangs Latin King and Queen Nation The Latin Kings, founded in 1945 by Hispanic inmates in a Chicago jail, later established chapters in the Middle West and Northeast. The New York chapter was begun in 1986 by Luis Felipe... known as King Blood, a charismatic inmate who directed his 1,500-member gang from behind bars while serving time for manslaughter. Convicted of ordering murders by mail, he was put in solitary confinement, but not before naming Mr. Fernandez his successor in Latin King and Queen Nation (cont d): The Latin Kings began in prison as a way to provide Latino inmates an organization to defend themselves against other prison gangs. Antonio "King Tone" Fernandez is the "Inca," or leader, of the Latin King Nation of New York State, which publicly espouses Puerto Rican nationalism. Traditional Street Gangs Antonio "King Tone" Fernandez Tone's vision was to convert a fierce organization into one whose purpose was to improve the lives of the impoverished. However, the reality of the gang, as captured on surveillance tapes, includes murder, kidnapping, drug dealing and assault. The film shows the Kings at a time when Tone appears poised to purge the group of its violent past and redefine it as a civicminded entity. New York authorities feel that Tone has adopted his ideals to conceal his criminal activities. 17

18 Traditional Street Gangs Latin King and Queen Nation (cont d): The Almighty Latin King Nation (ALKN) started in the New York City prison system at Rikers Island. They have grown from a prison gang into a street gang in recent years. Presently, the Latin Kings are one of the fastest growing street gangs in New York City; they actively recruit young people from the age of 8 and up. Frequently, the recruitment takes place within schools and is directed to both males and females. Factions of this gang have spread throughout New York City correctional facilities and are now a strong gang within all five boroughs. Traditional Street Gangs Latin King and Queen Nation (cont d): New York City Members of the Latin Kings are identified by their Black and Gold colored clothing and beads. Tatoos like the 5 pointed star and the 12/11 or 423. The current New York Latin Kings leader is David "King DerMensch" Torruella. Under David "King DerMensch" Torruella Leadership there has not been any illegal activity documented. It should be noted that under King DerMensch leadership there is more structure and order with the New York Latin Kings. Latin King and Queen Nation (cont d): Traditional Street Gangs Latin King Crown Hand Sign 18

19 Traditional Street Gangs Mara Salvatrucha MS-13 Mara Salvatrucha (MS), commonly translated as the Salvadoran Gang, arose in the wake of the drastic increase in migration that accompanied the Salvadoran civil war of the early 80's. As this flood of immigrants poured into Southern California, most Salvadorans came to find themselves segregated within the poor Hispanic neighborhoods of Los Angeles that were, at the time, under the control of Mexican gangs. The communities were slow in accepting these new arrivals, and many Salvadorans found themselves targeted by various violent groups. In reaction, refugees and former members of the Farbundo Marti Front for National Liberation (FMLN) - the revolutionary group that had opposed the El Salvadoran government during the civil war - formed what is now known as Mara Salvatrucha, or MS-13. Traditional Street Gangs Mara Salvatrucha MS-13 (cont d): MS differs from most other large gangs by not having a single leader or governing body directing the daily activities of all the cliques (small groups using the MS-13 name). The cliques, though, take their cues from their Los Angeles based counterparts. When they declare a gang as an enemy, all cliques follow suit. It is the same when an alliance is formed. Outside Los Angeles, cliques are less likely to have official leaders. Senior members lead meetings and plan criminal activities, but there are otherwise very few assigned roles. Members in Los Angeles, New York, and Washington, D.C./northern Virginia maintain communication, often through friends and family, and meet to coordinate and conduct criminal activities. Traditional Street Gangs Mara Salvatrucha MS-13 (cont d): Mara Salvatrucha members typically wear blue and white or blue and black clothing, mostly Nike brand. Recent intelligence also points to the group wearing Dallas Cowboys football merchandise, which follows the blue and white theme. Members also usually wear black and white Nike brand athletic shoes. Junior members can be identified by their blue bandanas, while senior members wear black ones. MS-13 Handsign 19

20 Traditional Street Gangs MS-13 Adversaries Mara Salvatrucha s primary adversary is the Hispanic gang 18th Street, which is based in Los Angeles. The conflict between Mara Salvatrucha and 18th Street arose over the control of criminal activity in several locations in Los Angeles, and the rivalry has since expanded to other locations throughout the United States, Central America, and Mexico. Traditional Street Gangs United Blood Nation Other Mara Salvatrucha adversaries include 52 Hoover Street Crips, Brown Pride, Gangster Disciples, Harpy s, La Primera, La Raza, Latin Kings, Norteños, Salvadorans With Pride, and United Blood Nation. Gangsta Disciples 18 th Street Categories of Gangs Non-Traditional or Hybrid Gangs This is the most common category of street gangs in Georgia schools today! These are the street gangs which identify their gangs with gang names ending in words such as: Boyz Mob Posse Crews Mafia Examples: Bedford Boyz, 8 th Street Crew, Mafia Crips 20

21 Hybrid Street Gangs Defined Non-Traditional or Hybrid Gangs Hybrid gangs are new youth gangs engaged in illegal activities. These gangs are found throughout the U.S. Hybrid gangs consist of people from different racial/ethnic groups, and individuals participating in multiple gangs. Such gangs have unclear codes of conduct, and symbolic association with more than one gang. Hybrid gangs modify traditional gang culture with their personal interpretations and agendas. Hybrid gangs have become a big criminal and societal problem in various communities in the United States Non-Traditional or Hybrid Gangs These gangs may have several of the following characteristics: 1. mixture of racial/ethnic groups. 2. male and female members. 3. display symbols and graffiti of different gangs. 4. have members who sometimes switch from one gang to another. Non-Traditional or Hybrid Gangs Hybrid gangs tend to have the following nontraditional features: ᴪ Hybrid gangs may or may not have an allegiance to a traditional gang color. ᴪ In fact, much of the hybrid gang graffiti in the United States is a composite of multiple gangs with conflicting symbols. ᴪ For example, Crip gang graffiti painted in red (the color used by the rival Blood gang) would be unheard of in California but have occurred elsewhere in the hybrid gang culture. 21

22 Non-Traditional or Hybrid Gangs Inland Empire Gang Member, Dekalb County, GA. Note: Mi Vida Loca or My Crazy Life dots below left eye. Non-Traditional or Hybrid Gangs Existing hybrid gangs may change their names or suddenly merge with other gangs to form new ones. Although many gangs continue to be based on race/ethnicity, many of them are increasingly diverse in both race/ethnicity and gender. Seemingly strange associations may form, such as between Skinheads, whose members frequently espouse racist rhetoric, and Crips, whose members are predominantly African American. Youth often cut and paste bits of Hollywood s media images and big-city gang lore into new local versions of nationally known gangs with which they may claim affiliation. Non-Traditional or Hybrid Gangs Since the revision of the Georgia Street Gang Terrorism and Prevention Act in 2006, hybrid street gangs committing criminal gang offenses can be charged and prosecuted under act. Unfortunately some law enforcement agencies, community leaders, school administrators and teachers often don t recognize hybrid gangs as real gangs or gang members. They often think of them as misguided youth or just wannabee s. Such hybrid gangs or gang members may include: 22

23 Non-Traditional or Hybrid Gangs Trench Coat Mafia - Columbine High School, Littleton, CO. On April 20, 1999, 12 students shot to death, one teacher shot to death, 23 students shot and wounded. Afterwards the suspects, high school students Eric Harris, 18 years old and Dylan Klebold, 17 years old, committed suicide. Non-Traditional or Hybrid Gangs How many gang members to do see? Non-Traditional or Hybrid Gangs Asian Bloods Gwinnett County, Georgia 23

24 Non-Traditional or Hybrid Gangs RUrays, Savannah, Georgia - Gang member Kenny Boo killed in a drug related drive-by shooting. RUray Gang members wore RIP shirt to High School. Non-Traditional or Hybrid Gangs Gang members wore this RIP tee-shirt to Chatham County High School, Savannah, Georgia in memory of two gang members shot to death knowing the shirt violated the school dress policy. Non-Traditional or Hybrid Gangs Youth football team, Clayton County, GA 24

25 Religious Cults Religious Cults Religious oriented groups Satanic cults and worshipping Gothic style and cult music groups David Koresh and Waco, TX Brother Malichi York and the Nuwabians Religious Cults Religious Cults Young persons are drawn to religious cults as an alternative life style. Teens and middle school aged children are subjected to drug use and sexual abuse. Victims are often introduced into religious cults by their parents, older siblings, and friends. The Branch Davidians, Waco, TX David Koresh - David Koresh was born Vernon Wayne Howell in Houston, TX in 1959 to a 15-year old single mother. He was dyslexic, a bad student, and dropped out of high school. He was expelled from the Church of Seventh Day Adventists for being a bad influence on the young people. In 1981 he went to Waco, TX where he joined the Branch Davidians, a religious sect which in 1935 had settled 10 miles outside of Waco. At one time, it had more than 1,400 members. By 1990 Koresh had become the leader of the Branch Davidians. Religious Cults 25

26 The Branch Davidians, Waco, TX Religious Cults Girls were singled out early by Koresh as his sex-partners-tobe. Some as young as 11 wore a plastic Star of David around their neck, while others wore a thin gold band on their finger. Koresh spoke openly about the details of sex to prepare them for intercourse. ''Sexual themes were associated with pleasing Koresh,'' and procreating (to fill) the earth with his glorious seed.'' according to one cult watcher. By age 12, children were usually split off from their mothers (fathers never lived with the families). Brothers and sisters were separated to live with other same-sex companions. The Branch Davidians, Waco, TX Religious Cults By age 12, children were usually split off from their mothers (fathers never lived with the families). Brothers and sisters were separated to live with other same-sex companions. They ate fruits and vegetables, but rarely warm food. Chocolate was prohibited, and ice cream, which Koresh enjoyed regularly, was granted only occasionally to the children. The boys were awakened at 5:30 a.m. for ''gym,'' a series of paramilitary marching and drills; in addition, fights between the boys were staged possibly in preparation for man-to-man combat in an apocalyptic war. If they did not participate vigorously enough, discipline followed. Girls were spared the training and could sleep as late as they wanted, but they did have to help empty human waste from the white plastic pails used as toilets by the sect members. Religious Cults The Branch Davidians, Waco, TX 26

27 Religious Cults The United Nuwaubian Nation of Moores Religious Cults The United Nuwaubian Nation of Moores Dwight York, aka: Dwight Malachi York, aka: Dr. Rev. Malachi Z. York Dwight York founded the United Nuwaubian Nation of Moores in the 1980 s. On May 8, 2002, the 476 acre Nuwaubian Compound in Eatonton, GA was raided by federal, state, and local law enforcement. They found a large cache of weapons and several hundred followers. Like Waco, TX husband were separated from their wives and children from their mothers. Religious Cults The United Nuwaubian Nation of Moores Dwight York claimed to be a God and his followers believed he was a God. They did whatever he asked to include begging, working at flea markets, buying, selling, and trading firearms at gun shows. The Nuwaubian compound was filled with Eygtian themed artifacts, buildings, and statues. Some local law enforcement officer s joined the United Nuwaubian Nation of Moores 27

28 Religious Cults The United Nuwaubian Nation of Moores Dwight York, 58 years old, was indicted and convicted on several counts of child molestation and racketeering in federal district court in Brunswick, GA. His conviction was for the sexual molestation of 14 boys and girls who were children of some of his followers. He was later sentenced to 135 years in federal prison. Religious Cults Anton Zandor LaVey Founder of the Satanic Church Religious Cults 28

29 Religious Cults Religious Cults Marilyn Manson Gothic Music Sings songs of drugs, suicide, and rebellion. Criminal Enterprise Gangs Criminal Enterprise Gangs Criminal Enterprise gangs include the traditional organized crime groups federal authorities have been investigating for years such as the Italian Mafia, Russian Mafia, Japanese Yakuza, and Chinese Triads. They also include gangs such as the Jamaican Posse a very dangerous criminal organization involved in the illicit drug trade. 29

30 Criminal Enterprise Gangs Criminal Enterprise Gangs Y.A.C.S. Yugoslavia Albania Croatia Serbia Outlaw Motorcycle Gangs Outlaw Motorcycle Gangs The Big Four OMG s Hell s Angels Bandido s Outlaws Pagans Other 1 Percenter OMG s Outlaw Motorcycle Gangs 30

31 Outlaw Motorcycle Gangs Outlaw Motorcycle Gangs Hate Groups Hate Groups KKK, Skin Heads, Aryan Nation, etc Hate Groups, Anti-Government Groups, and violent politically motivated groups 31

32 Hate Groups Hate Groups Hate Groups 32

33 Tagger Groups Tagger Groups TAGGER s Usually individuals or small groups who spray paint graffiti or pictures on building walls, bridges, and sidewalks. Primarily commit crimes of criminal damage to private property and trespassing. Includes groups such as Air Writers of America (AWA) or South Atlanta Tagger s (S.A.T.) Tagger Groups Do you recognize this graffiti? Tagger Groups 33

34 Do you recognize this graffiti? Tagger Groups Do you recognize this graffiti? Georgia Skate Posse graffiti Tagger Groups Street Gang Hand Signs Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA

35 Terminal Performance Objective: Street Gang Hand Signs Given a law enforcement investigation of criminal street gangs, officers will investigate and identify various criminal street gang hand signs. Enabling Objectives 1. Discuss and identify various street gang hand signs. 2. Describe the most common hand sign symbolic for the Folks Nation, Crips street gang, and Blood street gang? The most common hand sign of the Crips Street Gang or a Crip Hybrid gang. 35

36 This a hand sign for the letter b which is symbolic for the street gang Bloods. NOTE: The hand sign is made using the left hand on the left arm. This a hand sign depicting the capital letter B which is also symbolic for the street gang Bloods. Again, note that the hand sign is made using the left hand on the left arm. This is hand sign depicts the letters V L which is symbolic for the street gang Vice Lords. The Vice Lords street gang is aligned with the People Nation. 36

37 This is a hand sign depicts the letters IVL which is symbolic for the street gang Insane Vice Lords, also a street gang associated with the People Nation. This hand sign is associated with street gang the Latin King and Queen Nation aligned with the People Nation. This hand sign W means Westside and is symbolic for the west coast of the United States and particular the state of California. 37

38 S for Southside or Sureno This hand sign is an S and stands for Southside or southern California symbolic for SUR 13 or Sureno. This hand sign is an N and stands for Northside or northern California symbolic for Norte 14 or Norteno. This hand sign is a K which is an identifier for the street gang Latin Kings. 38

39 This hand sign reflects the letters IC which is an identifier for the street gang Insane Crips. This hand sign is an identifier for the prison gang Neta. This hand sign is an E and in symbolic for Eastside or the East Coast of the United States often meaning New York. 39

40 This hand sign depicts the letters bk symbolic for Blood Killa a Crip hand sign disrespectful to the Bloods. This hand sign depicts a Pitchfork symbolic of the Folk Nation. This hand sign depicts the letters CK symbolic for Crip Killer a Blood hand sign disrespectful to the Crips. 40

41 This hand sign depicts the letters KK symbolic for King Killa a hand sign disrespectful to the Latin Kings. This hand signs depicts a 3-Point Crown normally associated with the Latin King and Queen Nation. This hand sign symbolic of a Playboy Bunny, a hand sign associated with the People Nation. Note neither finger, representing the bunny ears, is bent or broken. 41

42 This hand sign is symbolic of a Playboy Bunny, a hand sign associated with Folk Nation gangs. Note the bent finger indicative of a bent or broken bunny ear. This hand sign depicts a Six Pointed Star, a hand sign very common with Folk Nation street gangs. This hand sign depicts a Five Pointed Star, a hand sign very common with People Nation street gangs. 42

43 This hand sign depicts the number 6 and the letter K known as the Six Killer. It s a sign of disrespect to Folk Nation gangs. This hand sign depicts the letters BK and stands for Blood Killa. It s a sign of disrespect to the Bloods and People Nation gangs. This hand sign depicts an Upside down 3 Point Crown used by the Bloods gang and People Nation gangs to disrespect Folk Nation gangs. 43

44 This hand sign depicts an 8 Ball, a sign used by Folk Nation gangs reflecting an alliance between the Folks and the Crips. This hand signs depicts the common hand sign of the street gang Tiny Rascals. The gang name Blood spelled out with two hands. 44

45 Quick Review What is the most common hand sign which is symbolic for the Crips gang? What is the most common hand sign which is symbolic for the Bloods gang? What is the most common hand sign for the Folk Nation? Any Questions? The Georgia Street Gang Terrorism and Prevention Act Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA

46 Georgia Street Gang Act OCGA Short title This chapter shall be known and may be cited as the Georgia Street Gang Terrorism and Prevention Act. Laws 1992, p. 3236, 1; Laws 1998, p. 270, 8.tt Georgia Street Gang Act OCGA Legislative Intent (a) The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. Georgia Street Gang Act OCGA Legislative Intent: (cont d): (b) The General Assembly, however, further finds that the State of Georgia 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. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. 46

47 Georgia Street Gang Act OCGA Legislative Intent: (cont d): (c) The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by criminal street gangs by focusing upon criminal gang activity and upon the organized nature of criminal street gangs which together are the chief source of terror created by criminal street gangs. Georgia Street Gang Act OCGA Legislative Intent: (cont d): (d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of criminal street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by criminal street gangs. Laws 1992, p. 3236, 1; Laws 1995, p. 933, 13; Laws 1996, p. 6, 16; Laws 1998, p. 270, 8; Laws 2010, Act 406, 1, eff. July 1, Georgia Street Gang Act OCGA Definitions As used in this chapter, the term: (1) Criminal gang activity means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006: 47

48 Georgia Street Gang Act (A) Any offense defined as racketeering activity by Code Section ; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section as rape, as aggravated sodomy, as statutory rape, or as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; Georgia Street Gang Act (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section , , , , or , relating to the security of state or county correctional facilities; (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody; Georgia Street Gang Act (H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another; (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and 48

49 Georgia Street Gang Act (J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. Georgia Street Gang Act (2) Criminal street gang means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity. Georgia Street Gang Act OCGA Unlawful acts; penalties (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of any offense enumerated in paragraph (1) of Code Section

50 Georgia Street Gang Act (b) It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code Section with the intent to obtain or earn membership or maintain or increase his or her status or position in a criminal street gang. (c) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. Georgia Street Gang Act (d) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management or leadership with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity. (e) It shall be unlawful for any person to cause, encourage, solicit, recruit, or coerce another to become a member or associate of a criminal street gang, to participate in a criminal street gang, or to conduct or participate in criminal gang activity. Georgia Street Gang Act (f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. 50

51 Georgia Street Gang Act (g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. Georgia Street Gang Act (h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member or associate of a criminal street gang. Georgia Street Gang Act (i) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang member or associate. 51

52 Georgia Street Gang Act (j) In addition to the prohibitions set forth in Code Section , it shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to intimidate, deter, or prevent such person from communicating to any law enforcement or corrections officer, prosecuting attorney, or judge information relating to criminal street gangs, criminal street gang members or associates, or criminal gang activity. Georgia Street Gang Act (k)(1) Any person who violates subsection (a), (b), or (c) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than five nor more than 15 years or by a fine of not less than $10, nor more than $15, , or both. Georgia Street Gang Act (2) Any person who violates subsection (d) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. 52

53 Georgia Street Gang Act (3) Any person who violates subsection (e), (f), (g), (h), (i) or (j) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than three nor more than ten years. Georgia Street Gang Act (l) In addition to any other penalty provided by this Code section, all sentences imposed under this Code section shall require as a special condition of the sentence that the person sentenced shall not knowingly have contact of any kind or character with any other member or associate of a criminal street gang, shall not participate in any criminal gang activity, and, in cases involving a victim, shall not knowingly have contact of any kind or character with any such victim or any member of any such victim's family or household. (m) Any crime committed in violation of this Code section shall be considered a separate offense. Georgia Street Gang Act OCGA Forfeiture of Contraband Property (a) The following are declared to be contraband and no person shall have a property interest in them: 53

54 Georgia Street Gang Act (1) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this chapter; and (2) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this chapter. Georgia Street Gang Act (b) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. Georgia Street Gang Act (c) Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate a forfeiture proceeding as provided in Code Section An owner or interest holder, as defined by subsection (a) of Code Section , may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section Property which is forfeited pursuant to this Code section shall be disposed of as provided in Code Section and the proceeds of such disposition shall be paid to the Criminal Justice Coordinating Council for use in funding gang prevention projects. 54

55 Georgia Street Gang Act OCGA Applicability with respect to local ordinances Nothing in this chapter shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence which are consistent with this chapter. Where local laws duplicate or supplement the provisions of this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field. Georgia Street Gang Act OCGA Abatement of nuisances; actions for damages or injunctions (a) Any real property which is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by Title 41, relating to nuisances. Georgia Street Gang Act (b) An action to abate a nuisance pursuant to this Code section may be brought by the district attorney, solicitor-general, prosecuting attorney of a municipal court or city, or county attorney in any superior, state, or municipal court. 55

56 Georgia Street Gang Act (c) Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages; provided, however, that no cause of action shall arise under this subsection as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by Chapter 5 of Title 10 or by the federal Securities and Exchange Commission. Such person shall also recover Georgia Street Gang Act c. (cont d): attorney's fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section Georgia Street Gang Act (d) The state, any political subdivision thereof, or any person aggrieved by a criminal street gang or criminal gang activity may bring an action to enjoin violations of this chapter in the same manner as provided in Code Section

57 Georgia Street Gang Act OCGA Effect of conviction of criminal gang activity on subsequent civil action A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceeding. Georgia Street Gang Act OCGA Certain offenses admissible as evidence The commission of any offense enumerated in paragraph (1) of Code Section by any member or associate of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity. Georgia Street Gang Act OCGA Criminal Street Gang Reward Fund There shall be established as part of the Prosecuting Attorneys' Council of the State of Georgia the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to a $5, reward for information leading to the arrest and conviction of any person involved in criminal gang activity that leads to the death or maiming of another person or property damage in the amount of $2, or more. 57

58 Are there any questions? Conducting a Street Gang Investigation Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA Conducting a Street Gang Investigation The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke

59 Conducting a Street Gang Investigation Point of Fact! Gang crime is on the rise in every state in the United States. This includes Georgia! What does this mean? This means Georgia has organized criminal street gangs, at all levels, committing crimes in local communities against each other and innocent citizens. Conducting a Street Gang Investigation What We Do Know About Prosecuting Gangs? 1. Law enforcement officers are NOT charging gang members with violating OCGA in police reports. 2. Law enforcement officers do not understand the Georgia Street Gang Terrorism Act. 3. Law enforcement officers are not collecting the evidence needed to successfully prosecute offenders under the Georgia Street Gang Terrorism Act. Conducting a Street Gang Investigation Additional Contributing Factors 1. Courts, prosecutors, and law enforcement don t have the assets to investigate and prosecute street gangs. 2. Communities are in denial concerning criminal street gangs. Why? Politicians Law enforcement Lack of community awareness 59

60 Conducting a Street Gang Investigation So what can you do? 1. Start collecting intelligence on the gang members and gangs in your community. a. Identify all gangs and gang members. b. Locate, record, and translate all the gang grafitti in your community. c. Photograph gang members. Conducting a Street Gang Investigation So what can you do? d. Learn gang signs. e. Record all gang related crimes and incidents. f. Develop gang member informants. g. Obtain statements of gang affiliation from gang members. h. Interview citizens in your community and talk to them about gangs. Conducting a Street Gang Investigation So what can you do? It starts now and it starts with you: Learn the Georgia gang law. Learn the gangs in your area. Learn what is gang culture evidence. Charge criminal gang members in your police reports! 60

61 Conducting a Street Gang Investigation Are there any questions? GANG INVESTIGATION TECHNIQUES Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA (478) Gang Investigation Techniques Introduction Gang Investigations are challenging and sometimes frustrating. This is due to the fact that although investigations into gang related crimes are handled in many of the same ways that any other major criminal investigation is handled, there can be many roadblocks encountered along the way. 61

62 GANG INVESTIGATION TECHNIQUES Prosecuting Criminal Street Gangs Finally, Things Have Changed! GANG INVESTIGATION TECHNIQUES In a unanimous decision, the Georgia Supreme Court ruled in Rodriquez v. The State, 284 Ga 803, 671 S.E.2d 497 (2009), that the Georgia Street Gang Terrorism and Prevention Act (O.C.G.A ) is constitutional. In a unanimous decision, the Georgia Supreme Court held in In re K.R.S., 284 Ga 853, 672 S.E.2d 622 (2009), the Georgia Street Gang Terrorism and Prevention Act (O.C.G.A ) is constitutional in juvenile court cases. GANG INVESTIGATION TECHNIQUES In Wornum v. The State, 285 Ga. 168, 674 S.E.2d 876 (2009), appellant contends the trial court erred by admitting evidence related to gang activity and allowing an officer with expertise in gangs and gang activity to testify regarding notebooks seized during execution of a search warrant at appellant's residence. The notebooks contained numerous handwritten pages, including (1.) the name of a particular gang and (2.) symbols affiliated with the gang, (3.) codes used to reference murder, and 62

63 GANG INVESTIGATION TECHNIQUES (4.) information regarding the gang's rank structure and how gang members can improve their rank within within the gang by committing crimes. The State's theory was that appellant committed the crimes in order to improve his status or rank within a gang. In admitting the evidence, the trial court determined that the State had shown the evidence was relevant and admissible to show motive and that any prejudicial effect of the evidence was outweighed by its probative value. GANG INVESTIGATION TECHNIQUES We agree. Evidence of appellant's affiliation with a gang and knowledge of the gang structure was relevant and admissible to show motive even if it incidentally placed his character in evidence. GANG INVESTIGATION TECHNIQUES In The State v. Ramirez-Herrara, 306 Ga.App. 878, 703 S.E.2d 429 (2010), the defendant was charged by indictment that, being associated with MS-13, a criminal street gang, he did unlawfully participate in criminal street gang activity through the commission of [the specific offenses listed in Counts 6 through 10 of the indictment]. The trial court dismissed the indictment and the State appealed. The Georgia Court of Appeals ruled, Each of the Anti-Gang Act counts alleged in the indictment tracks the language 63

64 GANG INVESTIGATION TECHNIQUES of the anti-gang statute and is sufficient to sustain a general demurrer because it states the offense in the statutory language or so plainly that the nature of the offense charged may easily be understood by the jury, and each of the named defendants would be guilty of the crime charged if the facts as alleged in the count are taken as true. Accordingly, the trial court erred by granting Ramirez Herrara's demurrer. GANG INVESTIGATION TECHNIQUES The Georgia Court of Appeals ruled in The State v. Hood, 307 Ga.App. 439, 706 S.E.2d 566 (2010), that the State is not required to specifically [establish] allege either; 1. the criminal street gang existed; or 2. the date on which the criminal street gang came into existence in its indictment. GANG INVESTIGATION TECHNIQUES So using: 1. Crimes and Offenses, O.C.G.A. Title 16, and/or Federal law, ie Title 18, USC; + 2. Investigation techniques and skills; + 3. Officers knowledge, training, and experience of criminal street gangs; = The Iron Triangle of a successful street gang case 64

65 Criminal Street Gang (2) O.C.G.A (a) Anti-Gang Act Violation Person ( (a)) Commit ( (a)) Criminal Gang Activity ( (1)) GANG INVESTIGATION TECHNIQUES Some people in our communities, politicians, school administers, and even some law enforcement professions and prosecutors define a criminal street gang incident to be incidents similar to the following: GANG INVESTIGATION TECHNIQUES 65

66 GANG INVESTIGATION TECHNIQUES Such a drive-by shooting could very well be a criminal street gang crime, but so is the following: GANG INVESTIGATION TECHNIQUES Gang Investigation Techniques The following factors need to be explored in actual suspected gang crime incidents: 1. Was the gang victim a target of opportunity? 2. Who are the rival gangs to the victim's gang? 3. Is there a current gang war going on between the victims gang and other gangs? 4. Could this be a street gang internal act by the victim's own gang? Such as a gang violation or a jump-outs? 66

67 Gang Investigation Techniques 1. Responding to the Crime Scene a. Gathering initial information on incident: Information & evidence from the crime scene. Identity of victim(s). Investigative search of the crime scene and evidence evaluation. Interviews of victim(s), and/or witness(es). Any suspected motive for the crime. Any common MO. Gang Investigation Techniques 2. Follow-up Investigation: Leads established from victim or witness interviews. Review of evidence and investigation reports. Interview/Interrogation of any arrested suspects. Interviews of family/friends of victim. Background investigation of victim. Common M.O. linkage to other incidents Gang Investigation Techniques 3. Location of incident a. Gang significance to area Is this a particular gang "hood"? Is this location a common gang hangout? For who or which gang? Is this a typical target area for past gang violence? Involving who or which gang(s)? Gang graffiti in the area? Which gang(s)? If this is a "neutral zone"? Who/which gang(s) commonly pass through it? 67

68 Gang Investigation Techniques The following factors need to be explored in actual suspected gang crime incidents: b. Victims connections with a gang: Victims gang history. Is the victims a gang member or associate of a gang? Does the victims have any gang rank? Could this be a retaliation for past victim/gang actions? Gang Investigation Techniques 4. Suspects connection with a gang a. Suspects gang history: Is suspect a member or associate of a gang? If multiple suspects are they from the same gang? Gang nation or group? Is the suspect from a rival gang? Is there a known gang or individual suspectvictim motive? Gang Investigation Techniques 4. Suspects gang history (cont d): Is there a gang war going on between these gangs? Is this an internal act for punishment of victim? (A violation or a jump out?) Is suspect a known gang enforcer or shooter? Is the suspect known to have a common M.O. or committed another with same M.O.? 68

69 Gang Investigation Techniques 5. Gang Intelligence a. Internal Sources: Jurisdictional agency for incident. Intelligence network or regional source - GBI. Department of Corrections. GCIC / NCIC / ROCIC Other law enforcement agencies. b. External Sources: Gang Investigation Techniques 5. Gang Intelligence (cont d): Victims family and friends Informants Witnesses Local area residents Business people School personnel/students Members or associates of victims gang or of rival gangs. Gang Investigation Techniques 6. Gang related evidence - Victim Gang related actions of victim at time of incident: a. Representing for the gang: Flashing gang signs or stacking. Wearing or showing gang colors. Entering rival gang neighborhood. Showing gang tattoos. Wearing gang symbols 69

70 Gang Investigation Techniques 6. Gang related evidence - Victim (cont d): a. Representing for the gang: (cont d): With other known gang members/associates Victim was on gang business, such as: - selling or purchasing drugs - gang mission (SOS, attack rivals, spray graffiti on gang property) Gang Investigation Techniques Gang Investigation Techniques 70

71 Gang Investigation Techniques Preparing and Executing Search Warrants in Gang Investigations Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA (478) Preparing and Executing Gang Search Warrants Terminal Performance Objective Assigned a street gang investigation involving suspected violations of O.C.G.A and O.C.G.A , student law enforcement officers will prepare and execute a search warrant, based on probable cause, in search of criminal and street gang culture evidence. 71

72 Preparing and Executing Gang Search Warrants Valid Stop and Frisk (Cont d) Enabling Objectives 1. Review the elements of proof of O.C.G.A and Discuss the criteria of preparing a search warrant affidavit and search warrant command in street gang investigations. 3. Discuss the lawful execution of a street gang search warrant. Preparing and Executing Gang Search Warrants What is the goal of a search warrant in any criminal or street gang investigation? Of course the goal is to collect evidence which will be used against the defendant at trial. However, gang investigator s should also have another goal in mind when prosecuting street gangs and street gang members. That goal should be that you WIN any motion to suppress the evidence seized during the execution of the search warrant execution. In addition, that you WIN any appeal made to the Court of Appeals concerning the legality of the search warrant. Preparing and Executing Gang Search Warrants O.C.G.A : (Effective: July 1, 2010) Added: (e) The General Assembly further finds that in order to effectuate the purposes of this chapter, it is necessary to ensure that evidence of criminal gang activity and criminal street gangs, their history, nature, activities, and practices shall be admissible in trials and proceedings brought under this chapter." 72

73 Preparing and Executing Gang Search Warrants Drug Investigation vs. Street Gang Investigation Just as in many drug investigations the pivotal point of the case is the execution of a search warrant of the drug traffickers business, home, and vehicle followed by his or her arrest so it is with a street gang investigation. The investigation and successful prosecution of violations of the Georgia Street Gang and Terrorism Act require gang investigator s to lawfully search in every possible location where gang culture evidence might be found. This mean that gang investigator s, like drug investigator s, should use search and seizure laws whenever possible to search, locate, identify, and record gang culture and criminal evidence. Preparing and Executing Gang Search Warrants Search Warrant Format and Forms There is no State of Georgia pre-printed search warrant affidavit or search warrant command forms which law enforcement officers must use. In fact, the complete search warrant may be (and often is) prepared on blank sheets of paper. However, all the required SW fields are to be listed and properly completed prior to the presentment to a Judicial Officer for a probable cause evaluation. Let s look at the format of a sample search warrant affidavit. Preparing and Executing Gang Search Warrants Sample Format of Search Warrant Affidavit 73

74 Preparing and Executing Gang Search Warrants AFFIDAVIT AND APPLICATION FOR A SEARCH WARRANT Docket # In the Magistrate County, State of Georgia Court of Monroe The undersigned, Your Title and Name being duly sworn, deposes and says: Preparing and Executing Gang Search Warrants I am an officer of the State of Georgia or its political subdivision charged with the duty of enforcing the criminal laws, and that I have reason to believe that in Monroe County, Georgia, on the person, premises, or property described as follows: Fully describe the Location, Place, or Thing to be searched. Persons to be searched. Motor vehicles to be searched. Directions to the search location. Preparing and Executing Gang Search Warrants there is now located certain instruments, articles, person(s), or things, namely: Specifically describe the item(s) of evidence you want to seize. which is/are being sought for investigation in violation of O.C.G.A. List the crimes allegedly committed which are the basis of your probable cause to search and seize. 74

75 Preparing and Executing Gang Search Warrants Predicate Offenses and Street Gang Act Offenses It is important that the gang investigator use the Search Warrant Affidavit to draw a visual picture of the gang investigation, the street gang involved, and the criminal acts allegedly committed by listing ALL applicable offenses in the affidavit. Preparing and Executing Gang Search Warrants Title : Criminal Gang Activity - Means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, Preparing and Executing Gang Search Warrants Your Probable Cause should include the following investigative topics: Investigator s Knowledge, Training, and Experience. Description of the crime, the crime scene examination, investigative findings and conclusions, and summary of victim, witness, or suspect statements Identify the street gang involved when ever possible. Describe the characteristics, signs, symbols, and graffiti of the gang. Use OCGA criteria. 75

76 Preparing and Executing Gang Search Warrants Criminal Street Gang Defined: Means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors.. Preparing and Executing Gang Search Warrants Your Probable Cause should include the following investigative topics: Tell the Judge, in your own words, the basis for your probable cause. This includes everything in your case file such as C.R.I. information, interviews of witnesses and suspects, crime lab evidence, heresay evidence, NCIC results, etc.. Detail to the judge the known history of the street gang and gang member under investigation. Describe the crimes committed by the street gang. Preparing and Executing Gang Search Warrants Provide in detail the result of interviews conducted of street gang members. Confessions and admissions of gang members are key! If officer believes reasonable force will be required to execute this warrant, state so in the search warrant affidavit. Request a No-Knock Clause? 76

77 Preparing and Executing Gang Search Warrants For the above reasons, affiant has probable cause to believe that there is now contained List the items of evidence to be seized. on the premises, vehicle and/or persons described above. I swear or affirm that all of the information contained in this Affidavit and all other testimony given by me under oath is true to the best of my knowledge and belief. AFFIANT TITLE Sworn to and subscribed to before me this day of, 20, at (A.M.)(P.M.) Judge of the Magistrate Court Monroe County, Georgia Preparing and Executing Gang Search Warrants Title As used in this chapter, the term: (1) 'Criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006: (A) Any offense defined as racketeering activity by Code Section ; Preparing and Executing Gang Search Warrants (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section as rape, as aggravated sodomy, as statutory rape, or as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; 77

78 Preparing and Executing Gang Search Warrants (F) Any offense defined in Code Section , , , , or , relating to the security of state or county correctional facilities; (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody; (H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another; Preparing and Executing Gang Search Warrants (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and (J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. Preparing and Executing Gang Search Warrants Title (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang activity through the commission of any offense enumerated in paragraph (1) of Code Section

79 Preparing and Executing Gang Search Warrants (b) It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code Section with the intent to obtain or earn membership or maintain or increase his or her status or position in a criminal street gang. (c) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. Preparing and Executing Gang Search Warrants (d) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management or leadership with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity. (e) It shall be unlawful for any person to cause, encourage, solicit, recruit or coerce another to become a member or associate of a criminal street gang, to participate in a criminal street gang, or to conduct or participate in criminal gang activity. Preparing and Executing Gang Search Warrants (f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. 79

80 Preparing and Executing Gang Search Warrants (h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member or associate of a criminal street gang. (i) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang member or associate. Preparing and Executing Gang Search Warrants (j) In addition to the prohibitions set forth in Code Section , it shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to intimidate, deter, or prevent such person from communicating to any law enforcement or corrections officer, prosecuting attorney, or judge information relating to criminal street gangs, criminal street gang members or associates, or criminal gang activity. (m) Any crime committed in violation of this Code section shall be considered a separate offense. Preparing and Executing Gang Search Warrants Executing Gang Search Warrants Remember the execution of a gang search warrant IS NOT to punish or humiliate the gang member in front of his or her family or fellow gang members! The sole purpose is to lawfully search, collect, record, maintain a chain of custody, and introduce criminal and gang culture evidence at trial! 80

81 Preparing and Executing Gang Search Warrants Executing Gang Search Warrants Pre-Search Preparation: 1. Pre-search surveillance of the location to be searched. 2. Selecting the date and time are critical. Remember the search warrant is being executed for the collection of evidence NOT for a confrontation! 3. Have sufficient law enforcement support. SWAT teams should be considered in cases where the street gang involved has a history of using firearms, violence, or for obstructing officers. 4. Have a plan! This means working with your prosecutor. Gang Investigation Techniques Are there any questions? Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA (478)