Policy Text
Policy
430Fremont Police Department
Criminal Street Gangs
430.1 PURPOSE AND SCOPE
It is the policy of this department to establish a procedure for identifying criminal street gangs,
members of criminal street gangs, and patterns of criminal activity as outlined in Penal Code §
186.20 through Penal Code § 186.34 of the "Street Terrorism Enforcement and Prevention Act."
The intent of this policy is to provide for the collection and management of criminal street gang
information so as to enhance officer safety and the criminal prosecution of criminal street gang
members. This policy is not intended or designed to establish a formal gang intelligence database.
430.2 DEFINITIONS
Pattern of Criminal Gang Activity - The commission, attempted commission, conspiracy to
commit, sustained juvenile petition for, or conviction of two or more of any offenses as described
in Penal Code § 186.22(e).
Criminal Street Gang - Any ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities the commission of one or more
of the criminal acts enumerated in Penal Code § 186.22(e), and which has a common name or
common identifying sign or symbol, and whose members individually or collectively engage or
have engaged in a pattern of criminal street gang activity as described in Penal Code § 186.22(f).
Gang Related Crime - Any crime, which is committed for the benefit of, at the direction of, or in
association with a criminal street gang with the intent to promote, further or assist any criminal
street gang as described in Penal Code § 186.22(e) (1)-(33).
Gang Member - Any person who actively participates in any criminal street gang with knowledge
that its member engage in or have engaged in a pattern of criminal gang activity, and who willfully
promotes, furthers, or assists in any felonious conduct by members of that gang, as described
by Penal Code § 186.22(a).
Gang Affiliate - Any person who is reasonably suspected to associate with a known or suspected
criminal street gang and/or its members. An officer's suspicion must be premised upon reasoning
and logic, coupled with sound judgement based upon law enforcement training and experience.
430.3 IDENTIFICATION OF CRIMINAL STREET GANGS/MEMBERS/ASSOCIATES
Fremont Police Officers assigned as agents of the Southern Alameda County Major Crimes Task
Force (SACMCTF) shall be authorized to collect information on individuals who are suspected of
participating in a criminal street gang and groups that are suspected of being criminal street gangs.
(a)An individual shall be designated as a member in a criminal street gang and included
in a gang file, when two or more of the following elements (with the exception of #11
below which is in itself a single validating element) has been verified by a SACMCTF
agent and a reasonable basis for believing such affiliation has been established:
Copyright Lexipol, LLC 2023/10/02, All Rights Reserved.
Published with permission by Fremont Police DepartmentCriminal Street Gangs - 1
Fremont Police Department
Criminal Street Gangs
1.An individual admits membership in a criminal street gang.
2.A reliable informant or known gang member identifies an individual as a member
in a criminal street gang.
3.An informant of previously untested reliability identifies an individual as a
member in a criminal street gang when that identification is corroborated by
independent information.
4.An individual resides in or frequents a particular criminal street gang's area,
and affects their style of dress, color of dress, use of jewelry, tattoos, monikers,
or any other identifiable mannerism associated to that particular criminal street
gang, and where the officer documents reasonable suspicion that the individual
is involved in criminal gang activity or enterprise.
5.A person has been arrested alone or in the company of identified criminal street
gang members for offenses that are consistent with criminal street gang activity
or criminal street gang related crimes.
6.An individual is identified as a gang member in a criminal street gang document
or the individual is depicted in a criminal street gang member's photograph(s) in
such a manner as to clearly indicate membership in a criminal street gang.
7.An individual is known to have tattoos consistent with criminal street gang signs
and/or symbols.
8.An individual wears, possesses or displays clothing altered in identifiable
characteristics associated with criminal street gangs.
9.An individual possesses personal items (ie. backpacks, schoolbooks and
papers, drawings) with identifiable characteristics (graffiti) associated to criminal
street gangs.
10.An individual is seen displaying hand signs and/or signals that are identifiable
as being associated with criminal street gangs.
11.An individual admits membership during classification interview when booked
into any jail facility.
(b)An individual may be designated as a gang affiliate when the individual is reasonably
suspected to associate with a known or suspected criminal street gang and/or its
members. An officer's suspicion must be premised upon reasoning and logic, coupled
with sound judgment based upon law enforcement training and experience.
430.4 CRIMINAL STREET GANG TEMPORARY FILE
The SACMCTF may maintain a temporary file of reports and FIs that is separate from any criminal
gang intelligence database when an individual or group has been identified as a suspected criminal
Copyright Lexipol, LLC 2023/10/02, All Rights Reserved.
Published with permission by Fremont Police DepartmentCriminal Street Gangs - 2
Fremont Police Department
Criminal Street Gangs
street gang member or a suspected criminal street gang but does not meet the criteria necessary
for entry into a criminal gang intelligence database.
Inclusion in a temporary file may be done only if there is a reasonable likelihood