During a house party at 3011 Patt Ave in San Jose in late November, officers were forced to take different actions when dealing with 42 party goers at the residence.
Officers were called by dispatchers reporting a possible shooting and or disturbance in the home. However, when officers arrived, a birthday party was being held for a family member who had just turned 22-years-old. There were several people in back of the house that were lighting off fireworks, which caught the attention of neighbors who had reported a possible shooting.
Jesse Nunez, a resident who lives in the home who was also arrested during the party said, “Police were trying to get their attention but no one was answering the door because the music was so loud we couldn’t hear anyone.”
That is when officers noticed a white Cadillac that was parked in front of the home that had expired tags. Police officers then acted in accordance with law and had called a tow-truck to tow the vehicle. That is when the upset owner of the car came outside and tried to tell officers that he did have the tags, he just hadn’t put them on yet.
19-year-old Adam Joe Mendivil said, “I was standing in front of the car, trying to tell them I had the pink slip in the car when they just started beating me.” Mendivil said, “I didn’t even get a chance to defend myself.”
Lance Daugherty, a Supervising Deputy District Attorney with the Santa Clara County District Attorney’s Office Gang and Career Criminal Team said, “There are three separate theories that are used to determine if a gang enhancement charge will be added to a case. The first is that if a felony is committed to willfully promote a gang or gang member.”
“Other elements are added if it is generally known that a gang member or known associated gang member promotes or assists in gang activity,” Daugherty said. A gang expert works directly with the DA’s office to assist in determining whether a gang enhancement should be added, and why it is related to the offense.
Several gang enhancement charges include: PC 246 Shooting at an Inhabited Dwelling or Occupied Car; PC 245(a)(2) Assault with a Firearm; PC 215 Carjacking; PC 594 Vandalism; PC 12022 Personal Use of a Firearm.
Jesse Nunez said, “We got raided again this last Thursday, December 20, 2012.” Nunez said, “They came to the house around 7:30 am and just came inside saying they had a search warrant.”
There are three individuals who live in the home who are on probation. One person was detained and cited and then released during the search.
When a gang member has committed a felony, he or she is placed on standard felony gang probation. When a person has committed a felony, or even a misdemeanor, that person has signed a waiver that gives officers the right to search their persons, place of residence or property.
“A peace officer can search someone to determine if they are complying with the terms of their probation,” Daugherty said. “When a person is placed on probation they are aware that law enforcement has the ability to conduct a search without a search warrant.”
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