denver district attorney’s area and association restrictions
DESCRIPTION
Denver District Attorney’s AREA AND ASSOCIATION RESTRICTIONS. THE ROLE OF THE POLICE OFFICER. TYPES OF AREA RESTRICTIONS. There are three different types of Area Restrictions: Drug Court Area Restriction (A/R); Gang Association and Area Restriction; Area Restriction imposed by the City. - PowerPoint PPT PresentationTRANSCRIPT
Denver District Attorney’s
AREA AND ASSOCIATIONRESTRICTIONS
THE ROLE OF THE
POLICE OFFICER
TYPES OF AREA RESTRICTIONS
There are three different types of Area Restrictions:
1. Drug Court Area Restriction (A/R);
2. Gang Association and Area Restriction;
3. Area Restriction imposed by the City.
In this presentation we will discuss the first two
(Not City Area Restrictions, i.e.: prostitution.)
Area or Association Restrictions are imposed as a condition of a sentence to probation on misdemeanor or felony pleas out of Denver District Court.
The Area/Association restriction are put on CCIC and DA investigators notify street officers immediately following the Court’s Order.
An AREA RESTRICTION restricts a probation client from being in any area deemed inappropriate by the Court. An ASSOCIATION RESTRICTION restricts a probation client from being in contact with a specified list of people.
How do Officers enforce Area and Association
Restrictions?
THE
DRUG COURT
AREA RESTRICTIONS
ILLEGALILEGAiL
ILLEGALDRUGS
DRUG COURTCONVICTION
Defendant arrested and charged
with PCS.
Probation - 2 Years,ORDER:
Area Restrictionfor
Capitol Hill & Civic Center
Sentenced
The
Capitol Hill Area
Restriction
CAPITOL HILL
What a Drug Courtviolation looks like…
• Drug Court defendant is contacted within the Civic Center Park or Capitol Hill;
• Contact by officer is consensual or investigatory;
• Check for warrants and/or area restriction;
• QH suspect;
• What do you see if you have a violation…
NAM/WEBSTER, JOHN DOE DOB/19860422 SEX/M RAC/URETURNED ALL 13 HITSQC CIC/0062762757.CAR/CTA .QRM/ WEBSTER, JOHN DOE 19860422W M 509 150 BRO BRO RTY/PRO ORI/CO016025J SID/1996123 100QC CIC/0062798648.CAR/CTA .QRM/ WEBSTER, JOHN DOE III 19860422W M 509 150 BRO BRO RTY/PRO ORI/CO016025A SID/1996123 099QV CIC/0053680546.CAR/CTA .QRM/ WEBSTER, John M 00000000RTY/STL ORI/CO0160001 SID/ 094
QV CIC/0052865402.CAR/CTA .QRM/ WEBSTER, John C 00000000RTY/STL ORI/CO0070400 SID/ 093
*** RECORDS ON FILE FOR *** NAM/WEBSTER, CHARLES DOB/19860422 SEX/M RAC/URETURNED ALL 7 HITSQH CIC/0058171655.CAR/CTA .QRM/ WEBSTER, JOHN DOE 19860422W M 507 155 BRO BRO RTY/ ORI/COCBI0000 SID/1996123
100QH CIC/0044637971.CAR/CTA .QRM/ WEBSTER, JOHN COPLEY 19870324W M 602 150 BRO HAZ RTY/S ORI/COCBI0000 SID/1676600
083
NCIC CHECK – QH provides Warrants, Probation Info, Area/Assoc Restrictions
OCA/D0162007CR002729OOC/DANGEROUS DRUGSDPE/20090607 SCI/C0016025J LOC/PR0BATI0N DISTRICT 0002DSS/20070607 EDS/20090607 SON/ANGEL,STEPHANITA Y SOT/303 598-8455DNA/NORI IS 2ND DISTRICT COURT DENVER 720 865-8301NIC/C411363708 DTE/20070608 1317 EDTREPEAT - PROBATION OR SUPERVISED RELEASE STATUS RECORD - DO NOT ARREST
BASED ON THIS INFORMATION -PLEASE CONTACT SUPERVISING AGENCY VIA NLETS,TELEPHONE OR EMAIL TO ADVISE OF CONTACT WITH SUPERVISED INDIVIDUALPLEASE BE ADVISED THAT SUPERVISING AGENCY MAY NOT BEOPERATIONAL 24/7.
Probation “hit” provides the following information:
Capitol Hill Area Restriction• ATTN:CTA
*** WARNING - DO NOT ARREST BASED ON THIS INFORMATIONCCIC PROBATION CLIENT RECORD-NOTIFY ORI OF CONTACTCIC/0062798648. CCIC ONLY.ORI/CO016025A. DA 2ND JUDICIAL DISTRICT -DENVER COUNTY .CMC/ .NAM/WEBSTER, JOHN DOE III .SEX/M.RAC/W.POB/ DOB/19860422.HGT/509.WGT/150.EYE/BRO.HAI/BRO.
FBI/367670NC7.SID/1996123 .SKN/ .SMT/ FPC/ .MNU/.SOC/.OLN/.OLS/ .OLYOCA/07CR2792.LOC/DENVER, COLORADO DSS/20070607.EDS/20090607.DPE/20090607.DPR/.RPR/.SON/ DENVER, DA DRUG .SOT/ 720 913 9119.ARI/CODPD0000.SCI/CO016025A.CRI/.WNO/ .OOC/3599.CRS/ CRD/ .DOA/20070504. INC/.NOA/
Drug Court - Area Restriction Area
• MIS/ALL OF THE AREA BETWEEN BROADWAY &
DOWNING STS & 13 TO 17TH AVE & CIVIC CENTER PARK. FOR THE PURPOSES OF BUS TRANSFERS DEF MAYBE ON THE SO SIDE OF COLFAX & BROADWAY NEXT TO VETERANS PK THE N SIDE OF COLFAX AND BROADWAY OR AT THE BUS STOP AT 14TH & BROADWAY. DEF MUST HAVE A VALID BUS TRANSFER. DEF MAY VISIT THE OFF OF THE PUBLIC DEFENDER 1600 BROADWAY & ACAC IA COUNSEL AT 1600 DOWNING ONLY IF S/HE IS CLIENT OF DEF ARREST FOR VIOLATION OF THIS ORDER BOND SHALL BE $2,000.
What are GANG
AREA AND/OR ASSOCIATION
RESTRICTIONS?
Probation # Years,Area RestrictionAssociates (e.g.)
Jose Chavez Jeremy Blackwell John Doe All members assigned to specific sub-set of a gang
ConvictionWith Sentence to Probation
Court Order
Arrest for CriminalActivity with ties toSpecific Gang
Defendant charged with FELONY
201 West Colfax Avenue
Dept. 801 Denver, CO 80202
720-913-9000 Fax 720-913-9035
MITCHELL R. MORRISSEY District Attorney
SECOND JUDICIAL DISTRICT
July 31, 2007 Lt. MARK MARSHALL D.P.D. Gang Unit
RE: PROBATION RESTRICTIONS on GANGSTERS Phillip Vasquez (d.o.b. 01.01.81; D.P.D. #49124)
Dear Lieutenant: Please be advised that recently the Court ORDERED as a condition of the above-listed defendant’s probation that he is restricted from certain areas and/or from associating with particular members of his gang. Enclosed, please find a copy of the Court’s Order, specifying the restrictions as to this defendant. This defendant and his unique probation condition(s) will be entered into the NCIC/CCIC database. Therefore, when a Gang Unit Officer runs a "clearance" on a person, and that person has a "non-association" or "area restriction" as a condition of his sentence, the Officer will be able to access the specific details of the restriction under the probation file available through the M.D.T. in the patrol cars, and then confirming the same with the D.P.D. ID Bureau. If an Officer contacts a person and probable cause exists to believe they are in violation of one of the conditions, the Officer may immediately arrest the suspect, provided that the Officer completely and accurately complies with the booking process requirements (found in the “Area and Association Packets” at the Gang Unit). Alternatively, at the Officer’s discretion, the Officer may obtain a probable cause warrant for the arrest of that person for a probation (or deferred judgment) violation. This letter is intended to alert you and your Officers of the foregoing sentence, and of this defendant and his unique probation conditions. I ask you to please distribute this letter and the enclosures at your roll calls. Should you or any of your Officers have any questions, please do not hesitate to call me at (W)720.913.9191. In advance, I thank you for your cooperation and assistance in this very valuable law enforcement tool. Sincerely, Mike Walker Sr. District Attorney Investigator Gang Unit
Following a Gang member’s conviction, theDA Investigator sends this letter to the DPD Gang Unit, informing them of the restriction.
Violation by a Gang Member…
• Gang member is contacted by officer for consensual or investigatory purposes;
• Gang member (e.g. Martin Orlando) is contacted in Five Points w/ George Clark DOB: 092764;
• Check for warrants and/or Area and Association Restrictions for both parties;
• QH suspects;• What do you see if you have a violation…
**RECORDS ON FILE FOR/MARTIN, ORLANDO DOB/19700105 SEX/M RAC/URETURNED ALL 45 HITSQC CIC/0050630845.CAR/CTA .QRM/ MARTIN, ORLANDO 19700105 B M 509 145 BRO BRO RTY/PRO ORI/CO016025A SID/331087 100QC CIC/0050617051.CAR/CTA .QRM/ MARTIN,ORLANDO H 19700105B M 509 145 BLK BRO RTY/PRO ORI/CO016025J SID/331087 099QC CIC/0056097518.CAR/CTA .QRM/ MARTIN, ORLANDO H19700105B M 509 145 BLK BRO RTY/PRO ORI/CO016025J SID/331087 099QGNG CIC/0054338438.CAR/CTA .QRM/ MARTIN,ORLANDO H 19700105 509 147 BLK BRO RTY/GNG ORI/CODPD0001 SID 099QGNG CIC/0054343678.CAR/CTA .QRM/ MARTIN,ORLANDO H 19700105509 145 BLK BRO RTY/GNG ORI/CODPD0001 SID 099QGNG CIC/0062094944.CAR/CTA .QRM/ MARTIN,ORLANDO H19700105509 145 BLK BRO RTY/GNG ORI/CODPD0001 SID 099
NCIC/CCIC CHECK – QH provides Warrants, Probation Info, Area and Association Restrictions
An ORI from CO016025AIndicates that this entry is from
the Denver District Attorney’s Office
and is either anArea or Association Restriction
*** WARNING - DO NOT ARREST BASED ON THIS INFORMATION CCIC PROBATION CLIENT RECORD- *** NOTIFY ORI OF CONTACT CIC/0050630845. CCIC ONLY .ORI/CO016025A. DA 2ND JUDICIAL DISTRICT - DENVER COUNTY .CMC/.NAM/MARTIN, ORLANDO .SEX/M.RAC/B.POB/LA.DOB/19700105.HGT/509.WGT/145.EYE/BRO.HAI/BRO.FBI/179850LA5.SID/331087.SKN/ .SMT/ FPC/ .MNU/. .OLN/ .OLS/ .OLY/ . OCA/04CR3180.LOC/DENVER, COLORADO .DSS/20050603.EDS/20080603.DPE/20080603.DPR/.RPR/ .SON/DENVER, DA GANG .SOT/ 720 913 9119.ARI/CODPD0000.SCI/CO016025A.CRI/ .WNO/.OOC/3530.CRS/ .DOA/20040617.INC/ .NOA/ .
Probation “hit” provides the following information:
MIS/IF IN CUSTODY DUE TO VIOLATION CALL Denver DA A/R Message line at 720-913- 9119
AREA RESTRICTION FIVEPOINTS BUS DISTRICT NEIGHBORHOOD SURROUND AREA
EST YORK ST WEST LARIMER ST NORTH 35 AVE SOUTH 22ND AVEFULLER PRK SURROUND AREA EAST HIGH ST
WEST OGDEN ST NORTH 33RD AVE SOUTH 25TH AVE
ASSOC RESTRICTIONS LONNIE ALLEN 050473
LLOYD BECKHAM 021770 QUENTIN BIRCH 082680 ALVIN BROYKIN 061274
GEORGE CLARK 092764 ERNEST DANILES 081870
SEE ORDER FOR FURTHER ASSOC NAMES
Area & Gang Association screen provides the following information:
Additional Associate/Area Info
• There may be numerous Gang Associates listed with several specific areas of restrictions.
• All relevant Gang information will NOT appear on CCIC/NCIC.
• An actual hardcopy of the COURT ORDER listing all necessary information can be found at the DPD Gang Bureau or the DPD ID Bureau.
ASSOCIATION RESTRICTION restricts a probation client identified as a GANG MEMBER from associating from individuals associated with his specific sub-set gang. (It may also restrict association as a condition of BOND, while defendant is awaiting trial.)
To book a defendant arrested in violation of an area or association restriction an officer must completely and accurately follow these instructions: 1. Located in the DPD Gang Unit, at each District and at DPD Headquarters in the ID Bureau, there should be a packet labeled “Area and Association Restrictions Packet.” All of the forms an officer needs to complete are in this packet.
2. The following process must be followed:
(a) The officer must directly observe the area or association restriction violation, or have a witness who can testify as to his or her observation of the violation. (b) The officer must then check with the NCIC room and get verification of the restriction. This means obtaining actual hard copy documentation.
(c) The defendant may then be placed under arrest and be booked into city jail for a probation violation pursuant to §16-11-205, C.R.S. (2005).
(d) The officer must then complete a General Sessions Summons and Complaint (GS&C) form for the area or association restriction violation. The GS&C should clearly reflect what the officer saw, the circumstances of the contact/observation, where the defendant was, who he was with, including the associates’ dates of birth (if gang case), and that the computer search showed the restriction ordered by the Court.
(e) In addition to the GS&C, the officer must complete a one-page statement (DPD form 366), setting forth all of the relevant facts of the contact and the arrest of the defendant.
(f) The officer must leave the original GS&C with the Sheriff’s Department. A copy of the GS&C and the original one-page statement by the officer must be sent to the D.A.’s Office via interdepartmental mail addressed to “Vice – Narcotics Bureau: Attention DA Drug Intake.”
You may leave the DA copies, (officer’s statement and copy of the GS&C) for all area and association violations in Drug Intake located in the third floor of Police Headquarters adjacent to the Narcotics Bureau. The Drug Unit will receive and distribute ALL violation paperwork to the appropriate DA division when necessary. Please clearly mark on the outside of your Inter-Office envelops “GANG, DRUG or JUVENILE.”
(g) Finally, if the computer information indicates that this is a Denver DA Drug or Denver DA Gang case, please call the DA Area/Association voicemail system at 720-913-9119. Leave a message stating, I am Officer (name) (badge #), this is a Gang/Drug Area/Association violation with the following information:
Name and DOB of the arrested defendant;
date and time of arrest; and a brief explanation of the reason
for the arrest (e.g. Officer Smith saw the defendant in the company of John Doe, DOB: 4/15/82, Smith was listed as no contact).
3. If an officer arrests a defendant for any other charge in addition to the area or association restriction, the officer must complete a separate probable cause statement regarding the other charge and any other paperwork that is required to accompany that charge. A separate probable cause statement is needed because that additional violation will be filed as a new and separate case in the appropriate Court, while the paperwork for the area or association restriction violation will go to the Courtroom that issued the original restriction order for a probation violation hearing.
For the area or association restriction violation, the officer does not need to complete a felony processing form or any other form. All that is required by the Sheriff’s Department is the GS&C with the probable cause statement portion completed.
A/R & Association Reminders
• Whether it is a consensual or investigatory stop; run CCIC/NCIC check for warrants, confirm with Radio Room;
• Run CCIC for Association and Area Restrictions;• Located on the QH scene• ORI is Denver DA: CO016025A
• Whether Associates or Area follow the specified protocol and serve GS&C with a PC statement;
• Drug A/R and Gang violations, arrest the suspect and bring to CITY Jail.
• Report violations to DA 720-913-9119 • Questions: [email protected].
DRUG CASES you may call: Chief Deputy Helen Morgan at
(c) 720-490-0259 On-call Deputy DA (through
the radio room) Drug Investigator Christine
Agosta at 720-913-9158 (days).
If you have questions that require an immediate response on:
GANG CASES you may call: Chief Deputy Tim Twining at
(c) 720-641-2650 Deputy DA Victoria Sharp at
(c) 720-939-1875 On-Call Deputy DA (through
the radio room) Gang Investigator Mike Walker
at 720-913-9191 (days).
In advance, thank you for your cooperation in accurately completing this process.
Presented ByChristine Agosta
Senior Criminal InvestigatorDrug Court
Denver District Attorney’s Office201 W. Colfax Ave, Dept 801
Denver, CO 80202720-913-9158