AREA AND ASSOCIATION
RESTRICTIONS
THE ROLE OF THE
POLICE OFFICER
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.)
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.
I i
A
L
L
E
G
I
L
E
G
A
Defendant arrested and charged with PCS.
DRUG COURT
CONVICTION
Sentenced Probation - 2 Years,
ORDER:
Area Restriction for
Capitol Hill & Civic Center
CAPITOL HILL
• 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…
NCIC CHECK –
QH provides Warrants, Probation Info, Area/Assoc Restrictions
NAM/WEBSTER, JOHN DOE
RETURNED ALL 13 HITS
DOB/19860422 SEX/M RAC/U
QC CIC/0062762757.CAR/CTA .QRM/ WEBSTER, JOHN DOE
W M 509 150 BRO BRO RTY/PRO ORI/CO016025J SID/1996123
100
QC CIC/0062798648.CAR/CTA .QRM/ WEBSTER, JOHN DOE III
W M 509 150 BRO BRO RTY/PRO ORI/ CO016025A SID/1996123
099
QV CIC/0053680546.CAR/CTA .QRM/ WEBSTER, John M
RTY/STL ORI/CO0160001 SID/ 094
19860422
19860422
00000000
QV CIC/0052865402.CAR/CTA .QRM/ WEBSTER, John C
RTY/STL ORI/CO0070400 SID/ 093
00000000
*** RECORDS ON FILE FOR ***
NAM/WEBSTER, CHARLES DOB/19860422 SEX/M RAC/U
RETURNED ALL 7 HITS
QH CIC/0058171655.CAR/CTA .QRM/ WEBSTER, JOHN DOE
W M 507 155 BRO BRO RTY/ ORI/COCBI0000 SID/1996123
100
19860422
QH CIC/0044637971.CAR/CTA .QRM/ WEBSTER, JOHN COPLEY
W M 602 150 BRO HAZ RTY/S ORI/COCBI0000 SID/1676600
19870324
083
Probation “hit” provides the following information:
OCA/D0162007CR002729
OOC/DANGEROUS DRUGS
DPE/20090607 SCI/C0016025J LOC /PR0BATI0N DISTRICT 0002
DSS/20070607 EDS/20090607 SON/ANGEL,STEPHANITA Y SOT/303 598-8455
DNA/N
ORI IS 2ND DISTRICT COURT DENVER 720 865-8301
NIC/C411363708 DTE/20070608 1317 EDT
REPEAT 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 INDIVIDU
ALPLEASE BE ADVISED THAT SUPERVISING AGENCY MAY NOT BE
OPERATIONAL 24/7.
• ATTN:CTA
*** WARNING -
DO NOT ARREST BASED ON THIS INFORMATION
CCIC PROBATION CLIENT RECORD-NOTIFY ORI OF CONTACT
CIC/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/ .OLY
OCA/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/
• MIS/ALL OF THE AREA BETWEEN BROADWAY &
DOWNING STS & 13 TO 17TH AVE & CIVIC CENTER
PARK.
FOR THE PURPOSES OF BUS TRANSFERS DEF MAY
BE ON THE SO SIDE OF COLFAX & BROADWAY
NEXT TO VETERANS PK THE N SIDE OF COLFAX
AND BROADWAY OR AT THE BUS STOP AT 14 TH &
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.
AND/OR
Arrest for Criminal
Activity with ties to
Specific Gang
Conviction
With Sentence to Probation
Defendant charged with FELONY
Probation # Years,
Area Restriction
Associates (e.g.)
Jose Chavez
Jeremy Blackwell
John Doe
All members assigned to specific sub-set of a gang
MITCHELL R. MORRISSEY
District Attorney
SECOND JUDICIAL DISTRICT
201 West Colfax Avenue
Dept. 801
Denver, CO 80202
720-913-9000
Fax 720-913-9035
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 "nonassociation" 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.
Following a Gang member’s conviction, the
Sincerely,
Mike Walker
DA Investigator sends this letter to the DPD
Sr. District Attorney Investigator
Gang Unit
Gang Unit, informing them of the restriction.
• 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…
NCIC/CCIC CHECK – QH provides Warrants, Probation Info,
Area and Association Restrictions
**RECORDS ON FILE
FOR/MARTIN, ORLANDO DOB/19700105 SEX/M RAC/U
RETURNED ALL 45 HITS
QC CIC/0050630845.CAR/CTA .QRM/ MARTIN, ORLANDO
19700105 B M 509 145 BRO BRO RTY/PRO
ORI/CO016025A SID/331087 100
QC CIC/0050617051.CAR/CTA .QRM/ MARTIN,ORLANDO H
19700105B M 509 145 BLK BRO RTY/PRO
ORI/CO016025J SID/331087 099
QC CIC/0056097518.CAR/CTA .QRM/ MARTIN, ORLANDO H
19700105B M 509 145 BLK BRO RTY/PRO
ORI/CO016025J SID/331087 099
QGNG CIC/0054338438.CAR/CTA .QRM/ MARTIN,ORLANDO H
19700105 509 147 BLK BRO RTY/GNG
ORI/CODPD0001 SID 099
QGNG CIC/0054343678.CAR/CTA .QRM/ MARTIN,ORLANDO H
19700105509 145 BLK BRO RTY/GNG
ORI/CODPD0001 SID 099
QGNG CIC/0062094944.CAR/CTA .QRM/ MARTIN,ORLANDO H
19700105509 145 BLK BRO RTY/GNG
ORI/CODPD0001 SID 099
ORI
CO016025A
Probation “hit” provides the following information:
*** 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/ .
Area & Gang Association screen 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 AVE
FULLER 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
• 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.
• 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: Area_Restrictions@denverda.org
.
If you have questions that require an immediate response on:
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).
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).
QUESTIONS
OR
CONCERNS
EMAIL US
@
Area_Restrictions@denverda.org
In advance, thank you for your cooperation in accurately completing this process.