to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. in Supp. 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. Jolly ended up with probation after many witnesses changed their stories. See McKinney, 919 F.2d at 415. [3] The affidavit did not assert that Rosado had been indicted. I. The Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . If the government has evidence of criminal activity to present to the grand jury, there is nothing to prevent it from disclosing such evidence to the magistrate judge so that he or she can exercise independent judgment. Trevino's body was stripped naked, washed in bleach, driven to the near north side and dumped in an alley, according to the police reports. In the confusion, Toms slipped away. 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. 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 793. The Training Plan in Foreign Languages created 2.340 job positions during the 2016-2017 period. See Rubio, 727 F.2d at 795. 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. 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. (`TnUZ7NmZ.m{mvvtL;Ip{_y{=l g>e9xkN};3 e' no pR_z2@`H^1e= C sw.I)Q P;m6k3v%*FEM= '`pAmQG+J\?A{~#zbX.#Ef}$C!`0 'E:!4AKHI$f$4Qc4L&)ebJ4FMkMLM763hzsL~gmvsku^)*,VoaH^?S}'i >e=S?&MkH 0^*R7^_k3Of[c;.^^g. 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. The affidavit did not assert that Rosado had engaged in any of these activities, that he had aided or *923 abetted anyone else in doing so, or that his residence was in any way related to any of these activities. Nonetheless, a black plastic container of such dimensions could easily hold dozens or hundreds of items other than a gun, and so its dimensions and material *926 are not of an immediately apparent incriminating nature. She worries about the danger that Barragan presents as he remains on the run. 2d 1503 (1958). 4 Chicago gang members indicted on federal - Chicago Tribune 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. 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. But Barragan has not been seen here since. But Hirschfield remained in the middle of the melee. An investigation that started in 1987 resulted in charges against 33 members.. They asked Hirschfield's family for patience. [4] Rosado also objects to Judge Gorence's implicit finding that Sergeant Harpole believed, based upon his training and experience, that more members of the Latin Kings might be inside Rosado's residence because both Rosado and Natanael Matos were arrested immediately outside the residence. PDF 2015 Wi 72 S Court of Wisconsin IV. 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. (Id. According to the Supreme Court, an officer with sufficient probable cause to obtain a search warrant is "foolish" not to get a search warrant, because he risks suppression of all evidence; the government must assume the "onerous burden of convincing a trial court that no information gained from the illegal [search] affected either the law enforcement officers' decision to seek a warrant or the magistrate's decision to grant it." 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. [7] See United States v. Betts, 16 F.3d 748, 755 (7th Cir.1994), overruled on other grounds by United States v. Mills, 122 F.3d 346 (7th Cir. Sergeant Harpole conceded that the plastic box was not large enough to hide a person. 9), discussed below) that Rosado's residence had any link to the commission of crimes. See Rubio, 727 F.2d at 795. The testimony conflicts on whether Marrero was threatened with being taken into custody unless she authorized a protective sweep. Defendant Rosado seeks an order suppressing evidence seized during a June 22, 1998 search of his residence on Fourth and Fourteenth Amendment grounds. It may be possible, though, that the magistrate judge was aware from other information that Rosado had been indicted on a criminal charge. Magistrate Judge Gorence held an evidentiary hearing on Rosado's motion to suppress on August 16, 1999, and issued a recommendation August 30, 1999. Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. Id. In addition, the affidavit appears to have been calculated to mislead. Meanwhile, federal authorities had convened a grand jury to develop the federal case. 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. of 8/16/99 Evid. Barragan was back in state court in early October to be sentenced on his guilty plea in the Trevino case. The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. The affidavit recited that Latin King members had been indicted for many serious crimes. Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. 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. amend. See Markling, 7 F.3d at 1316. It alleges that the following individuals were participants in a racketeering conspiracy that involved murder, attempted murder, aggravated battery, kidnapping, sex trafficking and narcotics . "I am only aware of what I receive. 2d 723 (1964)). 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. I review the recommendation de novo. [2] According to the inventory of items seized later in the day pursuant to the search warrant, these items included a black and gold Green Bay Packers baseball cap; a gold Milwaukee Brewers shirt; a gold pullover Packers jacket; a gold Packers hooded sweatshirt; a Pittsburgh Penguins sweatshirt; a black and gold Penguins hooded sweatshirt; and a Pittsburgh Penguins jersey. "This case has been significant with significant sentences handed down. Thank you for reading! Hirschfield's sister, Amy Hirschfield, appreciates the effort that prosecutors and law enforcement made in getting justice for her family. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. Both men face up to life in prison if convicted. 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. We face a critical time for our security and international peace and stability. If you leave one root, it will grow back stronger," she said. The Seventh Circuit has not addressed this question. 2.) The box was heavy, which led him to think that it likely contained a gun. How The Latin Kings Started In Milwaukee - Otosection Otherwise we would have been there," Gonzales said. See Lloyd, 71 F.3d at 1263. Court candidate Ed Fallone stood by Latino center's ex-gang leader 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. Harris, 403 U.S. at 584, 91 S. Ct. 2075. The very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. 2d 67 (1999) (opinion of Stevens, J.). (Id. He tried to kill rival gang members the previous year, according to those documents. latin king indictment milwaukee 2005 - breakingwinds.com Officers seeking a search warrant relying on information provided by a confidential informant are under an obligation to take reasonable steps to confirm that information before using it in an affidavit in support of the warrant. On March 22, 2005, a grand jury sitting in the Western . Because the box was of these dimensions and was made of black plastic, Sergeant Harpole believed that it "might be potentially a gun case." As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. Sergeant Harpole then returned the box to the shelf. 6.) 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. ), rev'd on rehr'g en banc, 199 F.3d 915 (7th Cir.1999). (Id. This is comparable to Arizona v. Hicks,480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. Gonzales laid out the picture of a well-oiled outfit that operated under a hierarchy, met every week, collected dues, recruited from all races and demanded loyalty. I also adopt Judge Gorence's finding that Sergeant Harpole exceeded the scope of Marrero's consent when he opened the black plastic box. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. 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." of Objs."].) State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. Atty., Milwaukee, WI, for Plaintiff. But the affidavit did not give the magistrate judge any facts from which he could draw the inferences and form the conclusions necessary to a determination of probable cause. 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." 3 (a) (b).) MILWAUKEE- Forty-nine members of a street gang known as the Almighty Latin King Nation were indicted Wednesday on federal racketeering charges for crimes that include four murders, 38 attempted murders and widespread drug trafficking. United States v. McKinney, 919 F.2d 405, 415 (7th Cir.1990). She said fellow members of the gang who will testify have a reason to lie. The First Amendment protects individuals' right of free association. 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. He believed this because his police-issue gun also came in a black plastic case about an inch longer and an inch wider, that is, 10 inches by 5 inches. The affidavit next asserted, over a third of a page, that "According to several cooperating informants, Latin King members often use firearms to further their violent criminal activity and it is common for them to store firearms within their residence." [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. 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. 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. See 18 U.S.C. Rubio, 727 F.2d at 793. ), The final half-page of the affidavit concluded that, based upon the above information, Special Agent Koenig had "probable cause to believe that the residence contains evidence of a RICO enterprise and other crimes." Milwaukee Kings indictment : court filing - Archive The magistrate judge issued the requested search warrant. (Tr. See United States v. Calandra,414 U.S. 338, 342-46, 94 S. Ct. 613, 38 L. Ed. See id., 438 U.S. at 164 n. 6, 98 S. Ct. 2674. During the four-year investigation, law enforcement developed evidence that the Latin Kings trafficked drugs, conspired to murder more than 10 victims, and committed violent crimes including numerous incidents of robbery, shootings, stabbings and witness intimidation. But another gang member said Barragan had a hand in the killing, directing a subordinate to put a garbage bag over Trevino's head before he was killed. Marshals Service, which specializes in fugitive apprehension. To satisfy 1962(c)'s "associated with an[] enterprise" requirement, the government must introduce "evidence that the various associates function as a continuing unit." Id. Madrid - History | Britannica One of them was Barragan, who was already under federal investigation in the Hirschfield homicide, attempted murder, drug dealing and robbery. Under Coolidge, three requirements must be satisfied before police may seize private possessions in plain view without consent. This language utterly failed to inform the magistrate judge that the officials' only reason to suspect that the plastic box was incriminating was that it was 4" 8" 2" and made of black plastic. There was no hint in that hearing that federal prosecutors were closing in, according to the transcript and Barragan's attorney, Mark Lipscomb. 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. 2d 561 (1974). "Sufficient information must be presented to the magistrate to allow that official to determine probable cause; his action cannot be a mere ratification of the bare conclusions of others." % "I have no good explanation why that didn't happen.". Tello and Hill were among forty-nine Milwaukee-area Latin Kings indicted in September 2005 on charges of racketeering, racketeering conspiracy, narcotics trafficking and conspiracy, and unlawful possession and distribution of firearms. Nearly 200 schools and more than 1.200 teachers have participated in the . Information obtained during a first, unlawful, search may not affect a magistrate's decision to issue a warrant for a second search. 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. On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. 8. 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. Sign up for our free summaries and get the latest delivered directly to you. at 792. See Rubio, 727 F.2d at 792. United States v. Markling, 7 F.3d 1309, 1316 (7th Cir.1993). He was showing his face publicly.". A sentencing date was set, but state prosecutors wanted Barragan to testify first against fellow Latin Kings in the murder. 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. 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. Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. Between June 1993 and February 1994, seven Latin Kings were murdered. 2 0 obj It is unclear if that information was shared with those investigating Trevino's murder. Rosado raised all of these arguments, most of them verbatim, in his motion before Judge Gorence. The 26-year-old had spent the day before putting a new roof on his aunt's house. The magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." 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. Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." (Aff. 2(i) 2(k); 3.) You already receive all suggested Justia Opinion Summary Newsletters. See Franks v. Delaware, *927438 U.S. 154, 164 n. 6, 98 S. Ct. 2674, 57 L. Ed. Gonzales, the federal prosecutor, said he would have been very suspicious of Barragan's account that he was a bystander. The argument escalated. Accordingly, this portion of the affidavit provided the magistrate judge with no basis to believe that evidence of violent crimes or firearms would be found at Rosado's residence. See Jacobs v. City of Chicago, 215 F.3d 758, 768 n. 4 (7th Cir.2000). at 236, 103 S. Ct. 2317. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. Id. Martinez and Vallejo pled guilty to a RICO offense, 18 U.S.C. 2d 667 (1978). See Calandra, 414 U.S. at 351-52, 94 S. Ct. 613. See 28 U.S.C. "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. 5.) Zier did not return calls for comment. at 326, 107 S. Ct. 1149.
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