Table of Contents:

I. The Paper Trail:
Take the time to document gang involvement

II. Upcoming Street Survival Seminars

The Paper Trail:
Take the time to document gang involvement

By Special Agent Michael Walker
Central Coast Gang Investigator's Association

"I contacted the suspect in front of Roy's Liquor Store for possession of an open container of beer. While speaking to him, the suspect admitted to me that he was a Norteno gang member," the officer testified.

I tensed for the response I knew was coming from the defense attorney.

"But you didn't fill out a Field Interview card, report, or any other type of record to document that alleged statement, did you officer?" he asked, already knowing the answer.

To me, the officer's pause was the answer. "No," he replied.

With that the "admits gang membership" gang criteria was tossed out, since there was no documentation.

When I started in law enforcement, an officer's word was good enough. If push came to shove, the fact that the officer said it happened was enough to substantiate that it actually did, without further explanation. Those days are gone and we're now in the age of proof; the age of documentation; the age of "If it isn't written, it didn't happen."

Most agencies have criteria that need to be met before they will officially say that someone is "gang involved", including admissions, tattoos, associations, possession of gang photos, etc. But properly documenting that information is a crucial step that is often overlooked.

Source Documents

Source document are like road maps. They can compile a trail of written proof you can use to testify that something exists. For example, in the above situation if the officer had completed a Field Interview card, the result would have been quite different. The officer would have testified that he filled out the "FI" card at the time of the contact and had documented the suspect's statement on it. That card would then be the source document supporting the allegation that the suspect meets one of the criteria for being considered "gang involved."

Gang Investigators rely on source documents to validate gang members and groups. They will research all of the contacts a suspect has with their agency, pull all the information together and start looking for criteria to validate the suspect as a gang member. The documents they get that supporting evidence from become the source documents. The investigator will then bring copies of these to court so he can refer to them during court, citing the "source documents" as the place where the criteria can be referenced and the allegation of gang involvement can be substantiated.

In some cases (like admission) the source document may be the only existing piece of tangible evidence proving that one of the gang criteria exists.

Best Practice

The best way to avoid a problem is to make sure that you document all relevant contact and criteria possible. Let's say you contact a gang member in a park. While talking to him you notice a gang tattoo on his hand. Take the time to fill out an FI card or report that describes the details of the contact, including a description of the tattoo.

Be sure you're as accurate as possible. Let's say you talk to the guy and he says "I hang out with 18th street, but I am not a member." Some officers will write "18th St. affiliate" on the FI card. While this is true, I would argue that it's not the best way to document this information. The information should be documented in a full and accurate manner: "I asked the subject if he was a gang member. He replied, 'I hang out with 18th St. but I am not a member.'"

These extra few lines may become crucial later. They provide you an opportunity to use the suspect's own words, not yours, to prove the criteria.

Most officers I know and have worked with are eager to lock up gang members. I, too, have enjoyed that aspect of my career. I have enjoyed another aspect more, however. I have really enjoyed testifying and letting a suspect's own words send him to prison. It is not left up to my interpretation, my translation or memory; it is right there on the FI card, written at the time of the contact, and in the suspect's own words.

What better evidence can you have?

About the author:

Special Agent Michael Walker began his law enforcement career in 1991 at the Watsonville Police Department in CA. He spent his 12 years there specializing in gang investigation and enforcement. He helped create gang prosecution policies and procedures for the Santa Cruz County District Attorney's office and other agencies in the area. Michael was also the instructor for Basic and Advanced Gang Investigations, Street Gang and Prison Gang Intelligence, and officer safety when dealing with gang member. Michael left Watsonville PD to become a Special Agent with the California Department of Justice, Bureau of Narcotic Enforcement in 2002.

Michael was one of the founding members of the Central Coast Gang Investigator Association, and is currently the Executive Director. He has over 13 years of teaching experience in the fields of street and prison gangs, gang investigations and intelligence gathering, prosecution techniques, and officer safety when dealing with gang members and violent offenders.




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