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One of the officers immediately recognized the shirtless passenger as Mitchell, a person the officer already knew to be a felon and member of the Soldiers of Aryan Culture (SAC), a violent white supremacist gang.
The officers testified that SAC is a white supremacist gang, but did not specifically discuss whether SAC has a reputation for violence. In this case, however, we may take judicial notice that SAC is a violent gang. Other courts have already noted that SAC is a violent gang.
Due to their prior interactions with Mitchell, as well as Mitchell’s ostentatious tattoos, the officers were aware that Mitchell was a member of SAC, a violent white supremacist gang. Moreover, one officer testified that gang members are more likely than other individuals to be armed, stating that, in his experience, “gang members typically carry weapons”.
Here, the officers knew for certain that Mitchell was a member of a violent white supremacist gang, and therefore we afford more weight to the gang factor than would perhaps be justified if the officers merely suspected gang involvement, or if the gang in question were not known to be violent.
State v. Robert Mitchell. 2019 UT App 190. No. 20180508-CA. Filed November 21, 2019. Second District Court
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