Sergeant Harpole conceded that the plastic box was not large enough to hide a person. 1971). The listing of categories of crimes that Latin King members had allegedly committed thus did not provide the magistrate judge with probable cause to believe that evidence was located in the place to be searched or that the evidence sought would aid in the prosecution of a particular offense. The warrantless search of the contents of the box thus may not be defended as consensual. 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. Barragan is on the U.S. marshals' top fugitives list and has been featured on "America's Most Wanted." See Giordenello v. United States,357 U.S. 480, 485-86, 78 S. Ct. 1245, 2 L. Ed. McKinney, 919 F.2d at 415 (emphasis added). The Milwaukee chapter of the gang was founded in the mid-1980s and over time came to control a large territory on the city's south side. Both are charged with racketeering. The First Amendment protects individuals' right of free association. United States District Court, E.D. See Lloyd, 71 F.3d at 1263. 8. Isabel Natividad Daz Ayuso (Spanish pronunciation: [isael di.a auso]; born 17 October 1978) is a Spanish politician and journalist serving as the president of the Community of Madrid since 2019. He picked up the box, which allowed him for the first time to see the word "Remington" on it. Within days of the killing, Milwaukee homicide detectives were rounding up gang members who were in the house when Trevino was killed. In the one report released by police, Barragan admitted he had earlier lied to detectives. In coming days, swarms of law enforcement officers descended on the city's south side, arresting all but a couple of targets. 2d 525 (1978) (quoting LaFave, "Search and Seizure: `The Course of True Law Has Not Run Smooth,'" U. Ill. L.F. (1966) 255, 260-61 (footnotes omitted)). at 16 [hereinafter "Tr."]) They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. "We were worried after the indictment that younger guys were going to be much more violent to establish themselves. Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. He was showing his face publicly.". 4.) 2d 246 (1981). Gonzales, a federal prosecutor for 18 years, said he has never had a defendant elude justice for as long as Barragan has. the Milwaukee Latin Kings had established a foothold on the LCO Reservation and, with LCO Latin Kings members, were distributing large amounts of crack there. See id., 438 U.S. at 164 n. 6, 98 S. Ct. 2674. See id. The Milwaukee branch was established in the mid-1970s and quickly grew to dominate the south side. NOW THEREFORE, IT IS HEREBY ORDERED that the magistrate judge's recommendation (Docket # 1027) is *934 ADOPTED, and that defendant Rosado's motion (docket # 785) is DENIED. A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. United States v. Acosta, 110 F. Supp. 2d 918 (E.D. Wis. 2000) 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. 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. 2d 960 (2000). The Training Plan in Foreign Languages created 2.340 job positions during the 2016-2017 period. See U.S. Const. By contrast, a magistrate may not consider illegally gathered evidence in determining whether there is probable cause to support a search warrant. Officers seeking to rely on an informant's statements have an obligation to confirm the statements before seeking a search warrant, see Jacobs, 215 F.3d at 768 n. 4, but there is no evidence that officers made any attempt to confirm the assertions here. See Gates, 462 U.S. at 236, 103 S. Ct. 2317. 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). Madrid - History | Britannica 3(a) (b).) Three gang members complied, shooting Hirschfield at least a dozen times, according to federal court records. Vallejo v. United States, No. 14-2818 (7th Cir. 2015) :: Justia We will take a look at this and see what we can do better in the future.". Sign up for our free summaries and get the latest delivered directly to you. The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. at 35.) Gang Wars - Milwaukee Magazine 2d 564 (1971) (plurality opinion). 2d 561 (1974). Marrero refused. Attempted Murder Charges Filed Against 6 Members of Latin King Gang It was King love or no love.'. 10-2677 & 10-2933 3 in September 2005 on charges of racketeering, racke-teering conspiracy, narcotics trafficking and conspiracy, and unlawful possession and distribution of firearms. Following the outbreak of internal gang violence, Luis Felipe and 19 others were charged with murder and racketeering; the indictment process ended in 1995 with 39 Latin Kings and 1 Latin Queen indicted under the RICO Act. 2d 1121, 1144 (E.D.Wis.1998) (Stadtmueller, C.J.). Asst. Barragan was cooperating with state authorities about a homicide while federal authorities were investigating him for a racketeering case. (Aff. 7.) Nos. 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. (Aff. 5.) United States v. Markling, 7 F.3d 1309, 1316 (7th Cir.1993). He identified several people in the house but left out one, the report said. "the . United States of America, Plaintiff-appellee, v. Larry Olson, Also As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. 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. at 17.) The court there held that the fact of grand jury indictment alone was sufficient to provide the magistrate with probable cause to believe that defendants had engaged in criminal activity, leaving as the only issue for the magistrate to determine for him or herself whether there was probable cause to believe that evidence regarding the crime was likely to be found at the place to be searched. Lloyd's second prong, requiring probable cause to believe that the evidence would be found in the place to be searched, see id., is easily satisfied by the affidavit's statement that officers observed the Latin Kings-color clothing in the attic of the residence. See id. Probable cause for arrest, without more, will not justify a search warrant. Madrid Summit Declaration issued by NATO Heads of State and Government See Case No. Barragan, 16 at the time of the homicide, was to be tried as an adult. The affidavit must "allege specific facts and circumstances from which the magistrate could reasonably conclude that the items sought to be seized are associated with the crime and located in the place indicated." Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. The Apker court relied upon a footnote in Gerstein v. Pugh,420 U.S. 103, 117 n. 19, 95 S. Ct. 854, 43 L. Ed. Ilona Mackey, mother of Hirschfield, the man gunned down at the gas station, doesn't understand how authorities could investigate the Latin Kings for 2 1/2 years but then fail to grab its leader when they had the chance. ! Police released a single report based on the third time Barragan was interviewed. McGann v. Northeast Illinois Regional Commuter R.R. 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). Hirschfield's sister, Amy Hirschfield, appreciates the effort that prosecutors and law enforcement made in getting justice for her family. 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. A few months later, he agreed to plead guilty. In addition, Anderson faces drug and gun charges. 436 (1948). '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. Isabel Daz Ayuso - Wikipedia she said. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. Rosado's Objs. 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." Probable cause thus was not present, and the plain view exception does not apply. That must have factored in how he was out of custody," Gonzales said. 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. The probable cause determination is based upon the totality of the circumstances. Count 3 alleged drug offenses, and was the only count with which Rosado was charged. 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. [5] It is also a crime to conspire to violate 1962(c). Murray v. United States,487 U.S. 533, 540, 108 S. Ct. 2529, 101 L. Ed. On that basis, the inference from clothing to probable cause of a violation under 1962(d) of conspiracy to violate 1962(c) is no easier to make than the inference from clothing to probable cause of a violation of 1962(c). Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. "I had no idea that he was awaiting sentence and entered that plea. For this reason, RICO charges under 1962(c) implicate First Amendment interests. Similarly, if officers obtain consent or a warrant to search for a stolen television set, "they must limit their activity to that which is necessary to *925 search for such an item; they may not rummage through private documents and personal papers." In 2005, 49 members of the gang and their associates were charged with homicide, attempted homicide, drug dealing, kidnapping, arson, witness intimidation and a string of other crimes dating to 1998. See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. Trevino and other Latin Kings accused each other of. Corp., 8 F.3d 1174, 1180 (7th Cir.1993). denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. The prosecution of the Latin Kings in Milwaukee sent dozens of hardcore gang members to prison for decades, some for life, but questions remain about how Barragan - arguably the biggest target - got away. ", 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. The affidavit cited the presence in the attic of Rosado's residence of clothing in the Latin Kings' colors. See United States v. Harris,403 U.S. 573, 584, 91 S. Ct. 2075, 29 L. Ed. 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. I must thus consider whether the fact of Rosado's indictment, standing alone, could supply probable cause for a search of his residence. Between June 1993 and February 1994, seven Latin Kings were murdered. 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. Those state prosecutors did not return calls for comment. Rosado contends that the protective sweep was nonconsensual, and further contends that the affidavit supporting the search warrant did not establish probable cause. See Lloyd, 71 F.3d at 1263. 2d 1503 (1958). 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. (Compare Br. However, the principal holding of Calandra itself *929 was that a grand jury may issue an indictment based in part or in whole upon evidence that was illegally gathered. See Markling, 7 F.3d at 1316. Moving and opening the box was therefore unlawful. Id. Rosado first contends that the initial protective sweep was without consent or a warrant, and therefore violated the Fourth Amendment. In the United States Court of Appeals 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. But for gang membership to be evidence of, say, a suspect's motive or reason for participating in an offense, there must be some independent evidence that the suspect committed the offense. Lloyd, 71 F.3d at 1263 (emphasis added). Even though Special Agent Koenig may have been personally ignorant of the falsehood, government agents may not insulate deliberate misstatements merely by relaying them through another officer. Turkette, 452 U.S. at 583, 101 S. Ct. 2524. The magistrate judge issued the requested search warrant. 1961(4). The magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." Because Gates was issued two months after Apker, the Apker court necessarily could not consider it. Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." CHICAGO Two federal indictments unsealed in Chicago today charged 34 members of the Latin Kings street gang with participating in a criminal organization that assaults and attempts to murder its rivals and violently protects its territories in the city and suburbs. at 793. There was no hint in that hearing that federal prosecutors were closing in, according to the transcript and Barragan's attorney, Mark Lipscomb. for Women, Inc. v. Scheidler,510 U.S. 249, 264, 114 S. Ct. 798, 127 L. Ed. in Supp. 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. Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. "If a bunch of Latin Kings are in a house and someone is being tortured and killed, there is high probability that everyone in that house is part of what is going on," he said. Sergeant Harpole then requested permission to "limit my search and check just for the safety of our officers for people and any potentially other [sic] Latin King members who were named as in [sic] arrest warrants or any other person who may have been wanted." As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). "It sounds like somebody was cooking a deal with him. 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. 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. PDF In the United States Court of Appeals (emphasis added). We face a critical time for our security and international peace and stability. But Hirschfield remained in the middle of the melee. [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. Milwaukee Kings indictment : court filing - Archive Gates, 462 U.S. at 239, 103 S. Ct. 2317. The affidavit did not assert that Rosado had committed any of these categories of crime, that he had aided or abetted anyone else in doing so, or that his residence was in any way connected to them. Ctr. It said nothing about whether the informants made first-hand observations, or about whether law enforcement officials independently verified any of their claims about firearms. (Aff. 2, 2(i).) 2d 54 (1975), which observed that under Calandra, 414 U.S. at 342-46, 94 S. Ct. 613, a magistrate must issue an arrest warrant without further inquiry upon the strength of a properly issued indictment. Barragan's name surfaced in news accounts, a fact that indicated he too might soon face indictment. 1961(1), (5).[5]. 3.) Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. The affidavit detailed many categories of crimes that law enforcement officers alleged that Latin King members had committed, and also alleged that many of these crimes were committed in furtherance of the Latin Kings enterprise itself. Gang membership is not a crime. Meanwhile, federal authorities had convened a grand jury to develop the federal case. The very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. In that case, the Tenth Circuit found that the affidavit provided probable cause to believe that the Outlaws Motorcycle Club was a RICO enterprise. "He knows what he is doing. Armando Barragan, an indicted Latin Kings leader, was not arrested nearly five years ago because of communication failures and a miscalculation by law enforcement. It accordingly found that the affidavit supplied "the missing element in Rubio, probable cause to believe that the evidence sought is connected with a violation of the RICO statute." It thus misled the magistrate into believing that the plain view exception requirements were satisfied. Police said he had 49 kilograms of cocaine with a street value of $7.3 million. U.S. Accuses 33 Of Running Latin King Reign Of Terror (Tr. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. A 2007 U.S. Justice Department drug trafficking intelligence report indicated that other members keep stepping up to take positions of authority in the gang. Rosado filed timely objections, and the government filed a response. Thus, Sergeant Harpole had "actual consent," Dichiarinte, 445 F.2d at 129, to search for people and nothing else. 1962(d). at 20.) He is looking into what happened. latin king indictment milwaukee 2005 - breakingwinds.com I review the recommendation de novo. See Franks v. Delaware, *927438 U.S. 154, 164 n. 6, 98 S. Ct. 2674, 57 L. Ed. Sergeant Harpole then returned the box to the shelf. On that basis, even after setting aside the tainted evidence regarding the gun case, the search warrant for Rosado's residence was supported by probable cause. The affidavit recited that Latin King members had been indicted for many serious crimes. See Rubio, 727 F.2d at 793. Feds begin another prosecution of Latin Kings - Milwaukee Journal Sentinel Bilingual education | Madrid's community The Seventh Circuit has not addressed this question. 2 0 obj But the Hirschfield homicide showed the gang wasn't destroyed. The mere fact, or even allegation, of gang membership carries a strong taint of criminality. You're all set! The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. % See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. The Latin King indictment charges 17 members and associates with a criminal conspiracy that spanned a time period from 2003 until November 2015. 2d 723 (1971). I also adopt Judge Gorence's finding that Sergeant Harpole exceeded the scope of Marrero's consent when he opened the black plastic box. It may be possible, though, that the magistrate judge was aware from other information that Rosado had been indicted on a criminal charge. The magistrate's determination must be neutral and detached. to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. (Tr. See 28 U.S.C. Disclosing only the fact of indictment is not a substitute for providing the magistrate judge with sufficient facts to form his or her own conclusions necessary to a determination of probable cause. Gonzales, the federal prosecutor, said he would have been very suspicious of Barragan's account that he was a bystander. How The Latin Kings Started In Milwaukee - Otosection 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." (Id. 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. "At that point in time, information related to his whereabouts was good," he said. See Markling, 7 F.3d at 1316. Search salary and other information: www.jsonline.com/dataondemand, Got a story tip? The murder generated big news and triggered what would become the second major federal investigation of the Latin Kings in Milwaukee. Over 60 Members of Latin Kings Charged - United States Department of Otherwise we would have been there," Gonzales said. I agree that this issue is not material, and therefore do not address it. 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. Nineteen Alleged Latin Kings Gang Members Indictedon Federal See Lloyd, 71 F.3d at 1263. (Tr. %PDF-1.3 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. Michael Lock, who ran a vicious and diversified criminal operation in Milwaukee, used his role as an informant to take out drug-dealing competitors and expand his illicit enterprises before he was ultimately brought down. Since the 2005 indictment, 17 more Latin Kings and gang associates have been charged.
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