motorcycle "clubs" = considered gangs?

[GhostRider510]

I know there are special circumstances for law enforcement when it comes to searches and other small things based on gang affiliation. Are motorcycle "clubs" considered gangs if law enforcement can prove that particular "club" were or is involved in criminal activity? For example: one member of the group decides to illegally traffic drugs or even commits violent felonious crimes. Does the motorcycle "club" he or she represents become a gang affiliation? How about the 2 major groups: Ruff Ryders & Hell's Angels? By representing the logo/emblem/etc, does that automatically participate the person in that gang?

[Iszlandsnow]

If it walks like a duck..

[motorman4life]

There are a number of criteria used to determine if any group is a gang. Sometimes, when it comes to motorcycle groups, the so-called experts can run a little fast and loose with their labeling. I have seen many instances where a law-abiding group was labeled as a "gang" for no other reason than the fact that they had a 3-piece back patch.

The key is, criminal activity.

It is not whether it looks criminal or acts criminal (in the eye of the beholder), but whether there is ANY ACTUAL crimial acts being committed for the furtherance of the gang or its members, collectively or individually.

By all accounts, the Hells Angels are not a criminal organization, they are an organization of criminals. There is a difference. Their structure is quite different from those seen in the Italian, Russian, Irish and Hispanic Maffias. But, they are a criminal gang, nonetheless.

The legal definition of a criminal street gang (in CA) is:
"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 section 186.22(E)(1-25) of the California Penal Code, having a common name or identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity."
So, there is the definition.

You need 3 or more persons in an ongoing organization or association, having a common name or symbol with a primary activity being the commission of specifically listed criminal acts and whose members individually or collectively engage or have engaged in a pattern of criminal gang activity. It does not matter how they dress, how they act, what5 they ride. It matters.. what they do.

It is not looks like a duck, walks like a duck... it requires, at the very least, that there be probable cause to believe one or more members of the group (or club, if you will) be engaged in a pattern of criminal gang activity.

So-called gang experts in the LEO field may tell you ANY group of motorcyclists that wear black vests and/or have a 3-piece patch and/or have a rank structure (with President, Vice President, Secretary, Road Captains, etc..) and/or have a "prospecting" process for new recruits, makes them a criminal gang or "suspect" of being a criminal gang. This type of flawed thinking only discredits them and any of their students that gobble up this bad intel and proceed with it as if it were gospel. It is a shame really, because I know these "experts" mean well, but they really do themselves and their students a disservice by having that "looks like a duck" tunnel vision.

[VTRweasel]

You need 3 or more persons in an ongoing organization or association, having a common name or symbol with a primary activity being the commission of specifically listed criminal acts and whose members individually or collectively engage or have engaged in a pattern of criminal gang activity. It does not matter how they dress, how they act, what5 they ride. It matters.. what they do.
.

Um, never go on an "A" pace b.a.r.f. group ride :later

[NorCalBusa]

Im'ma hoping that Vehicle Code violations aren't in that PC section...

[kawikz]

So-called gang experts in the LEO field may tell you ANY group of motorcyclists that wear black vests and/or have a 3-piece patch and/or have a rank structure (with President, Vice President, Secretary, Road Captains, etc..) and/or have a "prospecting" process for new recruits, makes them a criminal gang or "suspect" of being a criminal gang. This type of flawed thinking only discredits them and any of their students that gobble up this bad intel and proceed with it as if it were gospel. It is a shame really, because I know these "experts" mean well, but they really do themselves and their students a disservice by having that "looks like a duck" tunnel vision.
+1

[antarius]

Im'ma hoping that Vehicle Code violations aren't in that PC section...

I'm sure they are.

10851 comes to mind. :)

[Mudda Focker]

thx for explaining! :thumbup

[spddrcr]

If it walks like a duck..

you should look again cause it could be a platypus:twofinger

[Junkie]

I'm sure they are.

10851 comes to mind. :)that's a bit past an A paced ride

[motorman4life]

Im'ma hoping that Vehicle Code violations aren't in that PC section...
Penal Code 186.22
(e) As used in this chapter, "pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1.
(4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code.
(5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246.
(6) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034.
(7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13.
(8) The intimidation of witnesses and victims, as defined in Section 136.1.
(9) Grand theft, as defined in subdivision (a) or (c) of Section 487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in Section 459.
(12) Rape, as defined in Section 261.
(13) Looting, as defined in Section 463.
(14) Money laundering, as defined in Section 186.10.
(15) Kidnapping, as defined in Section 207.
(16) Mayhem, as defined in Section 203.
(17) Aggravated mayhem, as defined in Section 205.
(18) Torture, as defined in Section 206.
(19) Felony extortion, as defined in Sections 518 and 520.
(20) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594.
(21) Carjacking, as defined in Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in Section 12072.
(23) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101.
(24) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code.
(26) Felony theft of an access card or account information, as defined in Section 484e.
(27) Counterfeiting, designing, using, attempting to use an access card, as defined in Section 484f.
(28) Felony fraudulent use of an access card or account information, as defined in Section 484g.
(29) Unlawful use of personal identifying information to obtain credit, goods, services, or medical information, as defined in Section 530.5.
(30) Wrongfully obtaining Department of Motor Vehicles documentation, as defined in Section 529.7.
(31) Prohibited possession of a firearm in violation of Section 12021.
(32) Carrying a concealed firearm in violation of Section 12025.
(33) Carrying a loaded firearm in violation of Section 12031.

[Iszlandsnow]

Motorman4life, just add "BARF FTO" to your list of titles.

[NorCalBusa]

Awesome- no listing of Speed Contests, Wheelies for Safety or Exhibition. My life is secure...

[GPzPop]

totally off topic but ...

Islandsnow, how is it that you seem to have endless avatar pix of various hotties posing with bikes? Your garage?

Inquiring minds need to know about this "motorcycle gang":twofinger

--S

[enki]

RICO suks.

[motorman4life]

Islandsnow, how is it that you seem to have endless avatar pix of various hotties posing with bikes? Your garage?
My guess is 136.1 PC and 207 PC. Maybe a little 206 PC on the side. :p

[Iszlandsnow]

totally off topic but ...

Islandsnow, how is it that you seem to have endless avatar pix of various hotties posing with bikes? Your garage?

Inquiring minds need to know about this "motorcycle gang":twofinger

--S

That is G-14 classified.