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By Nick Perna
“What we’ve got here is failure to communicate. Some men you just can’t reach.”
I may be dating myself, but this iconic line from the movie “Cool Hand Luke” is as true today as when the movie came out in 1967.
Arguably, interviewing gang members in a custodial setting is one of the most difficult challenges when trying to obtain a good statement. Some people you just can’t reach – but others you can. Sometimes it is how we talk to people that decides whether we’ll get a good statement during an interview. Everyone is guarded after receiving a Miranda advisement, even more so if they are a gang member.
It’s a little outside the scope of this article to discuss Miranda advisements, but during gang interviews, I prefer implied rather than express waivers. Express waivers are a rapport killer, and some courts have held that both techniques are valid. However, other jurisdictions don’t prefer or allow implied waivers. Make sure to know the rules and regulations in your city before you opt to use one technique over another.
It’s important to define the purpose of the interview. If it’s a custodial interview, you should determine what information you are seeking, such as identifying the crime as gang-related and determining if the suspect is a gang member.
If you know the incident is gang-related or you know the crook is a gangster, then the focus of the interview will be to obtain incriminating statements about those topics. More often than not, the gang investigator is trying to determine both of these facts along with proving the elements of the crime. For example, if you are investigating a robbery you want to make sure the elements of a robbery occurred, that it was committed to benefit the gang and that the suspect is a gang member.
1. Establish your approach and build rapport
It’s best for one gang detective, or two gang detectives jointly conducting the interview, to handle the entire interrogation.
Here’s a common scenario. You are investigating a gang-related murder and working with homicide detectives. The homicide detective wants to get an incriminating statement regarding the murder. The detective is less concerned about the gang element, but he or she may offer to ask some gang questions for you or give you a chance to talk to the suspect after their initial interview.
These are less-than-ideal situations for a gang investigator. In the first scenario, you need to be asking the questions. You know what to ask and are better prepared to interpret the suspect’s statements. In the second scenario, following an initial interview to ask gang questions doesn’t always work. You are relying heavily on the rapport (or lack thereof) that the homicide detective had (or didn’t) with the suspect.
Another option is to conduct a tandem interview with a homicide (or robbery or sexual assault) detective. Conducting a two-detective interview is always a good technique, regardless of whether or not it is a gang case.
Below are some tips to keep in mind when holding custodial gang interviews.
2. If you don’t walk the walk, then don’t talk the talk
We all come from different backgrounds. Our speech, mannerisms and life experiences reflect how we were raised. Most gangsters talk a street language unique to their neighborhood and gang. Unless you are from the same area as the gang member don’t try to emulate the way they talk. It’s a rapport killer to say, “Listen, Holmes, I’m not jiggy with the 411 you spittin’ about who was poppin’ caps at those busters!”
The best approach is to appear sincere and honest. In many cases this is the first time the gang member has been exposed to this attitude, and they often respond well to it. Often, police officers are the only people gangsters know who are not criminals. They might not like the police, but they often believe we are credible. I’ve known gang members, many of whom I have arrested, who trust me because I treated them with respect and didn’t lie to them.
3. Be careful when using direct questions
Like any interview, it’s best to start at the outside and work your way in. Instead of blurting out, “How long have you been a gang member?” it’s better to ask something like, “Where are you from?” followed by, “There’s a lot of Crips in that neighborhood, right?”
Then start asking questions about who they know in the neighborhood and who they hang out with. Start in on the hard questions about the suspect’s level of involvement in the gang once you’ve started them talking.
4. Don’t allow the gangster to minimize his involvement in the gang or say the crime isn’t gang-related
Most gang members are aware that admitting gang membership can add stiffer penalties, and as a result, they don’t necessarily want to talk about gang-related issues. This often occurs when someone comes to register as a gang member per his or her probation or parole conditions. It also occurs during custodial interviews.
This can be a tough nut to crack. Sometimes with younger gang members, you can play on their sense of pride in the gang (“I hear the South Side Locos are the toughest crew out there, is that right?”). Other times you can use the “contrast method” to get an admission:
- “You say you’re not a Crip. How do you feel about Bloods?”
- “You say you don’t claim anything. If you were in jail, would you be cool being housed with Southerners?”
- “What do they classify you as in prison?”
While not ideal, a tacit admission is still better than no admission at all.
5. Use social media as passive intelligence gathering
Prior to the interview, it’s important to know as much as possible about the gang in question. Up-to-date information is necessary. One of the best ways to find this is through social media.
A fake account is a good investigative tool. Basically, you set up an account under a false profile, preferably one that would be appealing to gang members. I’ve seen officers use profiles that make them appear to be young females who like the 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 things on their pages, many of them useful in criminal investigations.
A few words of caution before going down this path: 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 need to be informed anytime an officer sets up a false page, and we audit them periodically. Also, be cognizant of any privacy or Fourth 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 Facebook, or if you show something in court obtained with your fake page, you are basically done. The gangster will likely shut down his page and you will be burned. It’s better to use these pages for passive intelligence gathering.
Proof of gang involvement and membership is crucial in gang cases. The five strategies above can help you get solid, incriminating statements. Don’t let failure to communicate be an impediment to your investigation.