"They had him and actually let him go?" The summary of common characteristics of narcotics traffickers and their residences gave the magistrate judge no basis to believe that incriminating evidence of narcotics crimes would be found at Rosado's residence. We face a critical time for our security and international peace and stability. See Lloyd, 71 F.3d at 1263. Barragan's name surfaced in news accounts, a fact that indicated he too might soon face indictment. Gonzales could not explain why he didn't receive such information. (Id. Barragan mistook Hirschfield for the man who hit him and ordered subordinate Latin Kings to shoot him, according to the court records. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. On March 22, 2005, a grand jury sitting in the Western . See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. "At that point in time, information related to his whereabouts was good," he said. Indeed, if police conduct a search in good faith pursuant to a facially valid warrant, the resulting evidence may not be suppressed due to an absence of probable cause supporting the warrant. The alleged means and methods used to advance the Latin King enterprise included murder of members of rival gangs; murder of suspected government informants; and arson against the person and properties of rival gangs and of potential witnesses against the Latin Kings. Id. x{i@W9y$ KX$%H In coming days, swarms of law enforcement officers descended on the city's south side, arresting all but a couple of targets. As the above discussion indicates, I decline to follow the Eighth Circuit's decision in United States v. Apker, 705 F.2d 293, 300-01 (8th Cir.1983). U.S. Gates, 462 U.S. at 239, 103 S. Ct. 2317. The affidavit made no assertion that Rosado had any involvement or participation in any of these activities; that he had aided or abetted anyone else in them; or that his residence was in any way related to any of these activities. Rosado objects to the first and third recommendation.[4]. See Murray, 487 U.S. at 542, 108 S. Ct. 2529; Markling, 7 F.3d at 1316. A few months later, he agreed to plead guilty. Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." Gonzales said he recently found a note in the warrant file written before the bust that indicated agents believed Barragan may have been behind bars on the day the roundup was to occur. Lloyd, 71 F.3d at 1263 (emphasis added). It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. "I had no idea that he was awaiting sentence and entered that plea. I. In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. Arresting Barragan prematurely could have tipped off others to the pending roundup, Gonzales said, but added he should have been told about Barragan's state court appearance, which might have prompted a different approach to his arrest. ), cert. See United States v. Butler, 71 F.3d 243, 251 (7th Cir.1995); United States v. Rodriguez, 925 F.2d 1049, 1053-54 (7th Cir. How The Latin Kings Started In Milwaukee - Otosection at 16 [hereinafter "Tr."]) In addition, Anderson faces drug and gun charges. ( Id. The next week, Barragan showed up in state court in Milwaukee to be sentenced for dumping the corpse from a different gang-related killing. The magistrate must be provided with sufficient facts from which he or she may draw the inferences and form the conclusions necessary to a determination of probable cause. I also adopt Judge Gorence's finding that Sergeant Harpole exceeded the scope of Marrero's consent when he opened the black plastic box. Without more information, it is difficult to say what occurred after his court appearance.". United States v. Acosta, 110 F. Supp. 2d 918 (E.D. Wis. 2000) at 22.) A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. 2d 527 (1983). 4 Chicago gang members indicted on federal - Chicago Tribune Latin Kings leader Armando Barragan is one of the nation's most wanted fugitives, charged with ordering the execution of Kevin Hirschfield, who tried to stop a fight at a Cudahy gas station in 2003. Armando Barragan, an indicted Latin Kings leader, was not arrested nearly five years ago because of communication failures and a miscalculation by law enforcement. 9), discussed below) that Rosado's residence had any link to the commission of crimes. at 17.) He acknowledged that the plastic box could not hide a person. He then requested and received permission to search "for people and other Latin King members or any other person who may have been wanted." "Something more must be demonstrated; otherwise, the Fourth Amendment would offer little protection for those who are innocently associated with a legitimate enterprise, the affairs of which are being conducted by others through a pattern of racketeering activity." at 236, 103 S. Ct. 2317. 1961(1), (5).[5]. (Id. To satisfy 1962(c)'s "associated with an[] enterprise" requirement, the government must introduce "evidence that the various associates function as a continuing unit." at 466, 91 S. Ct. 2022. The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. Defendant Rosado seeks an order suppressing evidence seized during a June 22, 1998 search of his residence on Fourth and Fourteenth Amendment grounds. Federal and state law enforcement had another shot at Barragan a month later. Johnson v. United States,333 U.S. 10, 14, 68 S. Ct. 367, 92 L. Ed. of Objs. This contention is mistaken, because a search warrant requires only probable cause to believe that the evidence sought will aid in the prosecution of a particular *932 offense and that the evidence sought is located in the place to be searched. Middle District of North Carolina (336) 333-5351. In the upper story, which was a partially converted attic, Sergeant Harpole and FBI Special Agent Zorka Marinovich observed a pile of clothing strewn about. Authorities in Milwaukee had the chance to arrest Barragan in court nearly five years ago, records show, but failed to nab him because of a lack of communication and a crucial miscalculation. MILWAUKEE (AP) Thirty-three people described as members of Milwaukee's Latin Kings street gang were indicted Monday on charges alleging involvement in nine murders, 21 attempted murders. IV. 1962(d). 'They would come up here and sell out their own mother if they have to.'. The warrantless search of the contents of the box thus may not be defended as consensual. It's unclear what the fight was about at the gas station that night in April 2003, but Toms landed the first punch, nailing Barragan in the face, according to the documents. Trevino and other Latin Kings accused each other of talking to police, according to police reports. Nineteen Alleged Latin Kings Gang Members Indictedon Federal Latin Kings, who were essentially decapitated by a 33-member indictment in 1998 (just before the Gang Squad was disbanded). 3(a) (b).) Get free summaries of new Eastern District of Wisconsin US Federal District Court opinions delivered to your inbox! The affidavit recited that Latin King members had been indicted for many serious crimes. The First Amendment protects individuals' right of free association. 2d 782 (1967). Rosado contends that the protective sweep was nonconsensual, and further contends that the affidavit supporting the search warrant did not establish probable cause. Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." It would take years to complete the case, as agents sifted through more than 100 criminal acts that could qualify under the federal racketeering statute, including shootings, robberies, drug dealing and extortion. In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." 1961(4). Attempted Murder Charges Filed Against 6 Members of Latin King Gang (Id. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. She worries about the danger that Barragan presents as he remains on the run. See Franks v. Delaware, *927438 U.S. 154, 164 n. 6, 98 S. Ct. 2674, 57 L. Ed. It did not state whether the informants made first-hand observations, or whether law enforcement officials independently verified some or all of their claims about firearms. No deference is due to a magistrate judge's determination that probable cause exists where the affidavit on which that determination was based contains a knowing or reckless falsehood. All of the charged conduct arises out of the defendants' participation in the Milwaukee Chapter of the street gang known as the Almighty Latin King Nation ("Latin Kings"). Within the Milwaukee chapter of the gang, there were, at the time of the indictment, four subsets of the Latin Kings: the 19th Street Kings, the Sawyer Kings, the Wild Walker Kings, and the 23rd . [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. At the evidentiary hearing, Sergeant Harpole and Marrero gave conflicting testimony about whether Marrero voluntarily consented to such a search. See id. I first consider whether evidence of gang membership, standing alone, is sufficient to create probable cause; and then whether evidence of association with a RICOaccused *931 enterprise, standing alone, is sufficient. You already receive all suggested Justia Opinion Summary Newsletters. to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. Martinez and Vallejo pled guilty to a RICO offense, 18 U.S.C. 2d 667 (1978). There is no requirement that, before the government may apply for a search warrant, it must already have sufficient evidence to yield an indictment against a given suspect, much less that a grand jury must have completed its deliberations and issued an indictment. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. As discussed above, officers discovered what proved to be a gun case containing bullets only through a search that violated the scope of the consent they had been given and that did not satisfy the requirements of the plain view exception. ?|i/mu9R)bG]yz1bp?\_^W.|. "I am only aware of what I receive. 2(a) (h), (j) (k).) 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). (Id. The question presented is thus whether this inference is adequate to establish "probable cause for believing the occurrence of a crime and the secreting of evidence in specific premises." Madrid Summit Declaration issued by NATO Heads of State and Government 2d 564 (1971) (plurality opinion). Having posted bail earlier, Barragan walked free that day. Id. A search warrant may issue only on a finding of probable cause. 'They decided who could live in which neighborhood, what colors people could wear, which way they could cock their hat,' Assistant U.S. Attorney Mario Gonzales said during his opening statement Thursday in a long-awaited trial against two purported members of the south side Milwaukee street gang. ", Milwaukee police spokeswoman Anne E. Schwartz said, "The Milwaukee Police Department successfully investigated a homicide and identified a suspect who was involved in the crime. No one from the federal case was there to arrest Barragan. [3] The original, signed and sealed affidavit is in the court's file, and no indictment is attached to it; no copy of the indictment is loose in the file; and the docket does not reflect that a copy of the indictment was filed. Id. In other words, there must be a nexus between the item to be seized and criminal behavior. 5.) See id., 438 U.S. at 164 n. 6, 98 S. Ct. 2674. 1961(4). "Hindsight being 20/20, if we thought he was going to run as far and as successfully as he has, we would have picked him up that day (in court)," Gonzales said. *933 Rubio's analysis was accepted, and applied to a different fact pattern, in United States v. Killip, 819 F.2d 1542, 1550 (10th Cir.1987). Eleven members of the Latin King Nation gang in Hayward and Milwaukee have been arrested on charges of conspiring to distribute cocaine and crack cocaine on and near the Lac Courte Oreilles Reservation in Hayward. The assertion that it was believed that Latin King writings would be found at Rosado's residence thus did not provide probable cause for a search. The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. 2d 960 (2000). Moving and opening the box was therefore unlawful. See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. Information about a group's reputation is legally insufficient to support probable cause that a member of that group is involved in criminal activities. From January 1999 to August 1999, Spring made reg- [5] It is also a crime to conspire to violate 1962(c). The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. On that basis, the affidavit provided probable cause to believe that such a large portion of the Latin Kings' activities were illegitimate that the enterprise could be considered in effect wholly illegitimate. In other words, where an association is not in effect wholly illegitimate, a search warrant must be supported by some additional nexus between association with the organization and an alleged pattern of racketeering activity. Nearly 200 schools and more than 1.200 teachers have participated in the . As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. Certain members of the Milwaukee Police Department and district attorney's office were aware of Barragan's alleged role as a leader in the Latin Kings and Hirschfield's homicide. Under RICO, it is a crime for a person (1) associated with an enterprise (legal or illegal) (2) to conduct or participate in the conduct of the enterprise's affairs, directly or indirectly, (3) through a pattern of racketeering activity. After Rosado's arrest, Sergeant Manfred Harpole of the Milwaukee Police Department asked Rosado's live-in girlfriend (now wife) Marilyn Marrero, for "full consent to search her residence for people or evidence of any crimes." 2d 677 (1984). The affidavit next spent one and a half pages detailing various means and methods that Latin King members had allegedly used "to accomplish some of the objects and purposes of the Latin King enterprise." I therefore do not discuss 1962(d) separately. It falsely implied that the search was within the scope of the consent for the initial search and the plain view exception, by emphasizing that the discovery was made "during their search for people [and] within plain view," and yet it wholly omitted that officers identified the plastic box as a "gun case" only after exceeding the scope of the consent by moving the box. I agree that this issue is not material, and therefore do not address it. (Tr. Sergeant Harpole conceded that the plastic box was not large enough to hide a person. "When I go back and look at that time, I see complete despair on the part of the family," said Milwaukee District Attorney John Chisholm, who was an assistant district attorney at the time. (Id. Where the affidavit relies upon one or more informants, the magistrate judge must undertake "a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant's tip." Because the box was of these dimensions and was made of black plastic, Sergeant Harpole believed that it "might be potentially a gun case." Other recent cases where defendants eluded justice because of failures in the system: LZ Jolly, a purported gang leader, was charged in the execution of a man and was on the run for years. (Compare Br. (Tr. This then satisfies the first prong of Lloyd, that there must be a particular offense and that the evidence sought must be linked to it. Probable cause judgments are much better made by "a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime." The affidavit then spent over two pages detailing the alleged organizational and management structure of the Latin Kings, providing such details as its having a written "manifesto"; protecting territory from rival gang members through violence and intimidation; marking its territory with graffiti; holding joint meetings called "Nation meetings"; having subchapters with specified leadership and membership levels such as Incas, Caciques, Enforcers, and "Junior Kings"; using violence; and punishing disobedient Latin Kings through beatings, robberies, or death. Latin Kings Indictment Stuns Supporters. Sergeant Harpole testified that no promises or threats were made, and no weapons were drawn, while Marrero contended that she allowed the protective search only after being threatened with arrest and incarceration if she refused. The murder generated big news and triggered what would become the second major federal investigation of the Latin Kings in Milwaukee. A federal grand jury in Greenbelt, Md., has indicted 19 alleged members of the Almighty Latin King and Queen Nation (Latin Kings) for conspiracy to participate in a racketeering enterprise. Marshals Service in Milwaukee, (414) 297-3707. shooting Hirschfield at least a dozen times, That charge brings a maximum of 18 months in prison, a vicious and diversified criminal operation in Milwaukee. "He knows what he is doing. Federal prosecutors have indicted large numbers of Latin Kings several times over the past two decades for drug peddling and homicides, including 49 people in a 2005 case. "the . I don't know why it wasn't brought to my attention. In the Vallejo criminal complaint, Barragan was identified as the one who ordered the shooting. 3.) I thus must determine whether, setting aside any consideration of the gun box and its contents, the untainted portions of the *928 affidavit provided probable cause for a search. See Calandra, 414 U.S. at 351-52, 94 S. Ct. 613. They were going to build a big case using the Hirschfield homicide as a centerpiece. latin king indictment milwaukee 2005 - breakingwinds.com at 792. The affidavit then spent one and a half pages, based on discussions with agents with extensive experience in narcotics investigations, summarizing specific behaviors common to drug and narcotics traffickers (such as having large amounts of unexplained cash and engaging in frequent interstate travel), and specific characteristics common to their residences (such as having paraphernalia for packaging, cutting, weighing and distributing cocaine). When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. The magistrate judge's assessment of the informant's reliability should consider: (1) whether the informant made first-hand observations; (2) the degree of detail provided by the informant; (3) whether a law enforcement official independently verified some or all of the informant's information; and (4) whether the informant accompanied the officer to the probable cause hearing and is available to give testimony before the judge issuing the warrant. See United States v. Lloyd, 71 F.3d 1256, 1263 (7th Cir.1995). As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." [7] Another court in this district declined to apply Rubio in an Outlaws Motorcycle Club case, but only on the ground that the search warrant in that case was protected by the Leon good-faith exception. The mere fact, or even allegation, of gang membership carries a strong taint of criminality. The magistrate's determination must be neutral and detached. The Latin Kings were more than a gang; it was a way of life for members who freely used violence against rivals, brought terror to neighborhoods and acted as a kind of rogue government, a federal prosecutor said this week. We will take a look at this and see what we can do better in the future.". Like a good Samaritan, Hirschfield stepped in to break up the fight, not knowing he was dealing with gang members, according to the documents. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. Nonetheless, the affidavit did not even assert, much less give the magistrate judge reason to form an independent judgment, that Rosado had committed crimes; had aided or abetted others in committing crimes; or (with the exception of asserting that a search was likely to find evidence of RICO violations (id. In this case, the only thing "incriminating" about the box were its measurements, 4" 8" 1.5-2", and the fact that it was made of black plastic. Trevino and other Latin Kings accused each other of. A month later, FBI special agent Doug Porrini and Milwaukee police detective John Belsha followed Barragan's wife to a hotel where Barragan and his cousin Joey Sanchez, also wanted in the federal case, were hiding, according to federal court documents. For this reason, RICO charges under 1962(c) implicate First Amendment interests. It is unclear if detectives wrote up reports on the two earlier interviews, but typically reports are done for such interviews. Arrest warrants were issued pursuant to the indictment, and on the morning of June 22, 1998 defendants Rosado and Natanael Matos were arrested outside Rosado's residence. See Rubio, 727 F.2d at 795. 9.). Latin Kings (gang) - Wikipedia Rosado objects that the totality of the evidence indicates Marrero's consent was not freely given for these reasons: She was told that she would be taken into custody if she did not consent; she observed Rosado, her live-in boyfriend and the father of her children, being arrested; at least two officers present at the scene were wearing "raid" gear; she was asked twice for permission to search the house for persons; she did not give written consent for a search; she was not informed that she had the right to refuse a search; she was nervous and had never been in a similar situation; and she had her two young children at home with her. State prosecutors would charge suspects to give federal prosecutors enough time to build a major racketeering case. Justia Opinion Summary In 2005, Martinez, Vallejo, and 47 others were indicted for crimes committed while they were members of the Milwaukee chapter of the Latin Kings gang organization. Murray v. United States,487 U.S. 533, 540, 108 S. Ct. 2529, 101 L. Ed. I find that an indictment does not constitute probable cause to issue a search warrant. 'They needed to know who is with them and who they are at war with on any given day. See Lloyd, 71 F.3d at 1263. At 3 p.m., FBI Special Agent Christopher W. Koenig, Sr. submitted to a magistrate judge a nine-page affidavit in support of an application for a search warrant for the residence. "Associational" evidence therefore is needed to establish a RICO violation under 1962(c), and such evidence thus demonstrates one element of a crime. The affidavit next spent half a page specifying various categories of crimes that "Latin King members" had allegedly committed, and asserted that the Latin Kings were an association-in-fact enterprise under the RICO statute, 18 U.S.C. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. The Arab town, or medina, grew around the alcazar (castle) on a promontory overlooking the Manzanares River. Thus, the mere fact that Rosado had been indicted, even if the magistrate judge had been informed of it, did not provide a basis for a search warrant. "It sounds like somebody was cooking a deal with him. Id. Drug arrests, gang activity at Hayward - news-shield.com The affidavit stated that "during their search for people [law enforcement officers] found within plain view a black plastic gun case." (Id. On that basis, evidence of that person's association with the Latin Kings the Latin Kings-color clothing would help prove the associational element needed to secure a conviction under 1962(c). See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. Thus, even though the presence of Latin Kings-color clothing in Rosado's attic might allow probable cause to believe that Rosado was a Latin King member, it would not, without more, allow the inference that Rosado had committed a crime. See id. That charge brings a maximum of 18 months in prison. Court candidate Ed Fallone stood by Latino center's ex-gang leader United States v. McKinney, 919 F.2d 405, 415 (7th Cir.1990).
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