RENO POLICE DEPARTMENT GENERAL ORDER This directive is for internal use only and does not enlarge this department's, governmental entity's and/or any of this department's employees' civil or criminal liability in any way. It is not to be construed as the creation of a particular standard of safety or care in an evidentiary sense, with respect to any complaint, demand for settlement, or any other form of grievance or litigation. Violations of this directive, if substantiated, can only form the basis for intra departmental administrative sanctions. Chief of Police: Steven Pitts /s/ Approving Deputy Chief: Mac Venzon General Order No: Issued: S 120 05 October 13, 2005 General Order Title : GANG INTELLIGENCE Reviewed: March 12, 2009 POLICY It is the policy of the Reno Police Department to protect the community from violence and criminal acts committed by gang members while at the same time ensuring that the constitutional rights of its citizens are protected. It is the intent of the Department to utilize legally acceptable methods to gather gang intelligence, enforce criminal statutes applicable to crime committed by criminal youth gangs, and participate in at risk intervention programs to deter criminal gang membership. DEFINITIONS Gang Unit This designation is used to describe sections, units, and/or officers assigned the primary duty of dealing with criminal gangs. The structure of the Gang Unit may change from time to time to meet the needs of the Department and the community. It may include, but is not limited to, the Department s Regional Gang Unit (RGU) and Gang Detective positions. Functions include gang intelligence gathering, investigation of gang related crimes and delinquent acts, community education, at risk youth intervention and diversion programs, and other community based programs. Gang Any combination of persons organized formally or informally that has a common name or symbol, engage in a pattern of delinquent behavior or criminal activity, associate together on a regular basis, or claim affiliation with a known gang. Gang Members Persons who meet any of the following criteria: When an individual admits to membership in a gang and there exists reason to believe that this information is accurate. When a reliable source of information identifies an individual as a criminal gang member. A reliable source of information is an individual whose reliability has been previously tested successfully or a private person who is innocent of criminal involvement volunteers this information freely, openly, and does not demonstrate an alternative Page 1 of 5
motive. When an source of information of previously untested reliability identifies an individual as a criminal gang member and the information he/she provides is corroborated by independent information. When an individual has been arrested for an offense which is consistent with criminal gang activity and there is corroborating evidence of ongoing criminal gang related activity. When an individual has a criminal record which tends to establish a pattern of gang activity. Information from a jail or prison facility where the subject admits to membership in or association with a gang and the information has been confirmed. Gang Associates Persons who meet any of the following criteria: Any person who individually or as part of a collective group has engaged in gang activity but is not a confirmed member of a criminal gang. Any person who claims association with gang members or other gang associates. When an individual displays commonly recognized indicators of gang membership or gang association but has not been formally indoctrinated into the gang. Gang Related Activity Any delinquent act or crime punishable as a felony, gross misdemeanor or misdemeanor which is committed for the benefit of, at the direction of, in furtherance of, or demonstrates a nexus to any criminal gang. A juvenile commits a delinquent act if he/she commits an act designated a crime under the laws of the State of Nevada except murder or attempted murder, or violates a county or municipal or any rule or regulation having the force of law. Delinquent or criminal activity differentiates gangs from organizations, such as ethnic social clubs, that often are visually consistent with the stereotyped images of gangs. Individuals who do not meet the criteria set forth above are not to be included in the criminal gang intelligence file. PROCEDURES Information Processing Gang related information including, but not limited to, suspicious incidents, field interviews, photographs, crime reports and other gang activity will be documented and forwarded to the Regional Gang Unit. 1. Officers will not detain subjects for merely being suspected gang members or gang associates. Officers will detain suspected gang members or gang associates only under circumstances described by articulable facts that lead to a reasonable belief that the person has committed, is committing, or is about to commit a crime as defined by NRS 171.123. Nothing herein shall prevent consensual contacts between police and members of the public, including gang members or gang associates. 2. The reporting employee will describe why the incident may be criminal gang related and Page 2 of 5
document any statements, actions, dress or other observations that support the reasonable belief of criminal gang involvement. 3. Personnel writing police reports that involve criminal gang activity will route the report via the Tiburon Reporting System to the Gang Unit. 4. The Records Section will forward copies of these field interview cards, reports, teletypes, and other information dealing with criminal gangs or criminal gang related crimes and activities to the Gang Unit. Intelligence Kits Intelligence kits assist with identification and tracking of gang members and gang associates. These kits consist of a camera and an intelligence form. Intelligence kits will be available for use by specifically designated and trained personnel. Regional Gang Unit officers are encouraged to use the camera and intelligence forms to document each contact with gang members, or to document significant observations of gang members when contact is not made. This includes multiple daily contacts or observations of the gang member, as this will help to accurately document the gang member s activities or associations with other individuals, vehicles, or locations. Photographing Suspected Gang Members/Associates The following guidelines will be used to acquire criminal gang intelligence file photographs: Officers may consensually stop suspected gang members and with the subject s permission take a photograph of the subject. Officers should, in addition to having reasonable suspicion of criminal activity for the detention, be able to articulate facts supporting the suspicion of criminal gang involvement. Physical force or coercion will not be used to acquire the photograph. Officers will not pose a person with name or criminal gang identification cards. Officers will conduct the photographic process contemporaneously with the completion of the intelligence form. The photographing may not unreasonably extend the time necessary to complete the intelligence form process. Nothing herein will restrict officers from obtaining photographs of the suspected gang member or gang associate through legal means and sources. Gang Unit Duties and Responsibilities The Regional Gang Unit will serve as the agency for submission and receipt of gang related information and activities. The Regional Gang Unit will secure and maintain gang related intelligence information and investigate gang related crimes. The Regional Gang Unit will: Serve as a liaison to the community and to other law enforcement agencies; Investigate gang related crimes; Assist other units, detectives, and outside agencies with gang related cases; Page 3 of 5
Direct gang members or gang associates to diversion programs; Provide gang awareness training for community groups, the police academy, in service police training; and Coordinate the City s Graffiti Eradication Program. Intelligence Records The Gang Unit will receive, review, maintain and, as appropriate, disseminate information pertaining to criminal gang activity. Gang related information will be kept separate from other law enforcement records. Gang related information will be collected, retained and distributed only as provided for by 28 CFR Part 23 and other applicable laws and statutes. Gang related information may be disseminated by the Regional Gang Unit to criminal justice agencies only where there is a need to know and a right to know the information in the performance of a law enforcement activity. Information received from another criminal justice agency will not be disseminated without the specific authorization of the agency from whom the information was obtained. The gang intelligence file will include, if known: Names, aliases, monikers, addresses, and their relevant identifying information; The name of the gang or gangs the individual belongs to or associates with; Articulated facts and information used to identify an individual as a criminal gang member or gang associate; Vehicle(s) known to be used by the individual; Known gang associates; and The circumstances of each documented contact or observation, to include the activities, actions, or statements by the individual; and Any other relevant information. Photographs maintained in gang files may be utilized for photo line ups for identification and elimination purposes only. Such photo line ups will be consistent with the Department s procedures relating to photo line ups. Notification and Review 1. Information (including photos) on an individual will not be placed in a gang intelligence file until sufficient information is known or received identifying the individual as a gang member or gang associate is satisfied. 2. When an officer assigned to the Regional Gang Unit completes an intelligence form, the subject of the intelligence form will receive a form that includes information regarding the procedure the subject can use to object to or comment upon the actions taken by the officer. The form will include the officer s name and badge number. 3. If the individual is a minor, no earlier than fourteen days or more before placing the individual s information into the gang intelligence file, the Gang Unit will notify the Page 4 of 5
individual s parent or guardian (if known to advise that this information is being placed in a gang intelligence file. Notice by first class mail to the individual s last known address is sufficient. The fourteen day period will commence upon the day following the mailing of the notice. 4. When an individual or parent/guardian, showing reasonable proof of identity, inquires as to whether or not they or their juvenile son or daughter is listed as a gang member or gang associate in the gang intelligence file, such information will be provided only by a member of the Regional Gang Unit or its supervisors. 5. The adult individual or the parent/guardian of a juvenile will be given an opportunity to object to entry of the individual s information into the gang intelligence file, or may request clarification of the reasons why the information is being placed in the gang intelligence file. Such objection may be made verbally or in writing to the Gang Unit Lieutenant or Gang Unit Sergeants. If the individual requesting such clarification is dissatisfied with the response, he/she may request further review from the Deputy Chief in charge of the Patrol Division. File Review and Destruction 1. Information and photographs stored in the gang intelligence files will be reviewed and destroyed to ensure the file is current, accurate, and relevant to the needs and objectives of the Department and this policy. 2. Gang intelligence files will be reviewed on a continual basis as Regional Gang Unit officers use the material in carrying out their duties. Information no longer relevant will be destroyed. 3. Individuals may be removed from the Gang Intelligence System if they demonstrate that they are no longer involved in criminal gang activity. Evidence of such change includes, but is not limited to, marriage/family life, continued education, employment, service to civic and church groups, testimony of credible person(s) within the community, and information developed by the Gang Unit. 4. All information within the Gang Intelligence System will be reviewed periodically to remove and destroy any misleading, obsolete, or otherwise unreliable information in accordance with 28 CFR Part 23. All information retained as a result of this review will reflect the name of the reviewer, the date of the review, and an explanation of the decision to retain. Page 5 of 5