Editor’s note: This is an excerpt from chapter two of the “Street Crimes Investigations Book” by Nick Perna. This chapter focuses on what is needed for the gang predicate report.
2.1 Gang Predicate Report
Building a solid gang case has many advantages. It allows us to charge multiple defendants through the use of conspiracy laws. A minor accessory in a gang crime can be roped in just like the major players. Gang cases offer stiffer penalties. Minor crimes like vandalism can result in jail or prison time and crimes of violence and weapons charges can put crooks behind bars for years when charged in conjunction with a gang conspiracy. In court, gang detectives can introduce items of evidence often excluded in normal cases when a gang conspiracy is charged. When convicted, gang members are often sent directly to Secure Housing Units, regardless of their past criminal history. Once a crook suffers a conviction for a gang crime, he is susceptible to future gang convictions. If released on probation or parole, gang members often get gang conditions as part of their release, making it easier to violate and re-arrest. The list goes on and on.
So why not make the extra effort and put together a gang case?
Laying the foundation for gang cases begins before the crime occurs. In the previous chapter, we discussed gang validation criteria, photographs, social media, and field interviews. These documented gang contacts are what is needed to prove that the subjects are, in fact, gang members and that their gang exists.
This sounds rather elementary, but those are two of the four things you need to prove to show a case is gang related. These four elements will be the bulk of a gang predicate report. A gang predicate is what gets presented to a D.A. or AUSA for consideration for filing a gang case. It is also what your expert opinion will be based on during a gang case.
To spell it out, the four things needed are:
- Proof that the suspects are gang members.
- Proof that the crime is gang-related.
- Proof that the crime benefits the gang.
- Proof that the gang actually exists.
Here’s a more in-depth explanation of these items.
2.2 Proof that the suspects are gang members
This is probably the easiest part to prove. Ideally, gang units and patrol units have continuously collected information on the street. Field contacts and social media are the most effective ways to demonstrate membership. However, in some cases this may be insufficient and must be supplemented with additional evidence. Other sources include:
Search warrants for gang indicia (residences, cellular phones, computers, social media)
It never ceases to amaze me how much gang stuff you’ll find at a suspect’s house, on his phone, or on his computer. I’ve included portions of an example of a gang indicia search warrant in this book for your use.
A good investigative tool to use is a fake account. Set up an account under a false profile, preferably an account that would be appealing to gang members. I’ve seen officers use ones that make them appear to be young females who like, “bad boys.” They request to be friends with gang members so they can have access to images, videos, and other things on their accounts. Crooks put all kinds of dumb stuff on their pages, many of which can be useful in criminal investigations.
A few words of caution. First, check with your department and local prosecutor regarding their rules and regulations. My agency has a specific policy that addresses how to do this. Supervisors must be informed anytime an officer sets up a false page and we audit them periodically. Also, be cognizant of any privacy/4th Amendment issues that may arise.
The other concern is what you choose to do with the information. If you confront a gang member with something you found on social media or if you show something in court obtained with your fake page, you are done. The gangster will shut down his page and you will be burned. It is better to use these pages for passive intelligence gathering.
One final note on gang indicia search warrants. They are often an easy way to legally get into a gang member’s house and search it. During the search, anything considered contraband (i.e., illegal stuff) can be seized. This includes drugs, illegal firearms, and so on. A partner of mine wrote a gang indicia search warrant stemming from a robbery case. During a search of the suspect’s residence, we seized over 50 pounds of marijuana and six firearms.
Street Crimes Investigations Handbook
The Street Crimes Investigations Handbook provides comprehensive guidance on various facets of street crime investigations. Major statutory content includes extensive sections on gang suppression, gang investigations and testifying as a gang expert. The handbook also covers narcotics investigations, focusing on street-level narcotics and confidential informant management, along with chapters dedicated to vice investigations, specifically targeting prostitution and massage parlor operations.
Published by and available from Blue360 Media.
