» Notable Cases

Oakland Gang Injunction

Court grants order to restrict violent North Oakland gang

Oct. 31, 2011 -- Appeals Court upholds ruling against North Side Oakland gang

On June 2, 2010, Superior Court Judge Freedman ordered an injunction to disrupt the operations of a criminal enterprise responsible for dozens of shootings, robberies and other major crimes in North Oakland in recent years.

An injunction is similar to a restraining order. It is designed to restrict the criminal organization's ability to plan and commit more crimes within an area called a Safety Zone (Map).

The City sought an injunction against the North Side Oakland crime organization because of the severe and increasing violence associated with its members. In 2007, there were three NSO-related incidents involving murder, shooting or gun possession. In 2008, that number rose to seven incidents. In 2009 that escalated to 18 incidents, including seven murders.

The injunction will only apply to adults. It will initially apply to 15 NSO members based on their records of criminal and nuisance activity, including convictions for armed robbery, felony drunk driving, drug sales, carjacking, grand theft, domestic battery and other major crimes. One has a pending case for assault with a deadly weapon and threatening a witness not to testify. All evidence is filed with the court and open to the public.

Restrictions include:

  • Do not associate with other enjoined gang members in public (see proposed order for exceptions).
  • Do no confront, intimidate or assault witnesses.
  • Do not possess firearms or dangerous weapons.
  • Stay away from drugs.
  • No trespassing.
  • No gang recruitment.
  • Follow time restrictions.

A violation of the injunction is considered contempt of court – punishable by up to six months in jail and up to a $1,000 fine.

This injunction will not prevent anyone from attending school, work or religious activities. It will not ever prevent anyone from seeking medical care for themselves or their children.

All individuals covered by an injunction have due process rights – anyone added to the injunction will have the opportunity to argue their case in court, and they will only be included with approval from a judge. Anyone on the list who is no longer associated with the gang will be able to go through an “opt-out” process to be removed.


map
Map by SF Chronicle

evidence photo recovered gun
Evidence photo: Loaded .38 revolver recovered from burglary suspects in April 2010 with markings "NSO" (North Side Oakland) and "Ice City"

Court Documents:
First Appellate District Ruling 10/31/11

Defense Opening Brief Court of Appeal

Joint Status Report 9/15/11
Proposed Order (Updated)
Attachment to Order: Opt Out Form
Consolidated Reply Brief (Response to ACLU, Young)
Reply to Young's Objections to Evidence
Supplemental Brief
Points and Authorities
Ex Parte Application
Order to Show Cause
Clark Expert Dec (Redact)
Cunnie Expert Dec (Redact)
Cunnie Supplemental Dec
Cunnie 2nd Supplemental Dec
Gerrans Expert Dec (Redact)
Gerrans Supplemental Dec
Trode Expert Dec (Redact)
Llamas Etc. Expert Dec Supplemental (Redact)
Ortiz Expert Dec (Redact)
BPD Expert Dec Sgt. Hong (Redact)
BPD Expert Dec Sgt. Stines (Redact)
EPD Officer Alton Dec
EPD Sgt. Diotalevi Dec
Request for Judicial Notice -- Research on Injunctions