The Answer to your question: If he is wearing a badge and his lips are moving.
The federal definition of Criminal Street Gang is quoted below.
Does your police department prohibit video of their activities? Do they commit perjury ? Do they tazer or pepper spray innocent people who are peaceably assembled to petition the government for redress of grievance? Do they commit violence? Do they tamper with evidence of their crimes?
Police departments often meet the federal definition of Criminal Street Gang in Title 18 U.S. Code § 521.
• an ongoing group, club, organization, or association of 5 or more persons
• (A) that has as 1 of its primary purposes[*] the commission of 1 or more of the criminal offenses described in subsection (c);
• (B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and
• (C) the activities of which affect interstate or foreign commerce.
• “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
• (c) Offenses.— The offenses described in this section are—
• (2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and
• (3) a conspiracy to commit an offense described in paragraph (1) or (2).
• (d) Circumstances.— The circumstances described in this section are that the offense described in subsection (c) was committed by a person who—
• (1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c);
• (2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and
• (ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another;
• (C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or
• (D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).
* Don’t be fooled by paragraph (A) words “primary purposes”. In the civil rights prosecutions against governments and in the racketeering cases, the courts interpret intent by custom, policy or practice. Practice means twice in the past 10 years.
Links:
A Cato Institute blog Abolishing Qualified Immunity
Veterans Against Police Abuse > About Us
CopBlock.org Reporting Police Abuse, Brutality, and Corruption
I also recommend you listen to RuleOfLawRadio.com
Steven Miller · Originally Answered Apr 21, 2019