Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. In the seven years since, more than 1,100 drug dealers and gang members have been prosecuted in federal court in Milwaukee, following the playbook from the 2003 Latin Kings investigation, according to the U.S. attorney's office. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. He was convicted and sentenced to 78 months. See Markling, 7 F.3d at 1316. Officers initially made a consensual "protective sweep" to look for persons on the premises. Marshals Service, which specializes in fugitive apprehension. "I am only aware of what I receive. (Tr. at 236, 103 S. Ct. 2317. McGann v. Northeast Illinois Regional Commuter R.R. Rosado objects to the first and third recommendation.[4]. 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. of Michael A. Rosado's Mot'n to Suppress Evidence Recovered During Search of 5643 North 36th Street [docket # 1011] at 5-7 with Br. We will take a look at this and see what we can do better in the future.". See Gates, 462 U.S. at 239, 103 S. Ct. 2317 (quoting Aguilar v. Texas,378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. The three shooters eventually would be convicted in federal court, two of them getting life in prison. 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. See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. Barragan was charged with aiding a felon - not the killing itself. Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. Rosado's Objs. at 486, 78 S. Ct. 1245. Thus, there was probable cause that someone whoever owned the clothing had violated 1962(c). When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. 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. The government therefore contends that Sergeant Harpole had probable cause to lift and open the box, based upon his later testimony that he thought the box "might he potentially a gun case.". See City of Chicago v. Morales,527 U.S. 41, 53, 119 S. Ct. 1849, 144 L. Ed. 2d 347 (1987), where an officer suspected that expensive stereo components that looked out of place in a squalid apartment might have been stolen, and moved them so that he could read their serial numbers. (Br. See Lloyd, 71 F.3d at 1263. 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. As Rosado observes, though, the issue "does not appear to have had an effect on the Magistrate's recommendation." See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. "It is like pulling up a weed. A sentencing date was set, but state prosecutors wanted Barragan to testify first against fellow Latin Kings in the murder. 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 name Majerit first appears in ad 932, when the Christian king Ramiro II of Len razed the town's walls, but there are traces of earlier (even prehistoric) habitation. (Compare Br. In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. A search warrant affidavit establishes probable cause when it "sets forth facts sufficient to induce a reasonably prudent person to believe that a search thereof will uncover evidence of a crime." 8. He accordingly contends that the government may not justify the search warrant by pointing to RICO. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). Sergeant Harpole then returned the box to the shelf. 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 238, 103 S. Ct. 2317. 1961(1), (5).[5]. at 918-19, 104 S. Ct. 3405. '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. The affidavit did not assert that Rosado had engaged in any of the behaviors common to drug and narcotics traffickers; that he had aided or abetted anyone else in such behaviors; or that his residence had any of the characteristics common to drug traffickers' homes. Where an affidavit provides reason to believe that a particular person is a narcotics distributor, the affidavit's further generalization that such distributors often keep drugs, implements of distribution, records, and proceeds in their residences is sufficient to provide probable cause to believe that the *930 person's premises would contain evidence. at 22.) 636(b) (1) (B). 9), discussed below) that Rosado's residence had any link to the commission of crimes. at 7-10.) It was King love or no love.'. 2d 667 (1978). [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. 2d 677 (1984). 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 did not assert that Rosado had been indicted for any crime. See McNeese, 901 F.2d at 594. She worries about the danger that Barragan presents as he remains on the run. See Brouwer v. Raffensperger, Hughes & Co., 199 F.3d 961, 967 (7th Cir. 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. The trial was in recess Friday. 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)). See id. of Objs."].) 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. "the . See Illinois v. Gates,462 U.S. 213, 238-39, 103 S. Ct. 2317, 76 L. Ed. 2d 561 (1974). To be sure, an indictment does supply probable cause for an arrest warrant. FBI spokesman Leonard Peace declined to comment, saying the Barragan case remains open. 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. See United States v. O'Neill,27 F. Supp. 'They would come up here and sell out their own mother if they have to.'. Omitted facts exhibit deliberate falsehood or a reckless disregard for the truth if the affiant has an obvious reason for the omission. 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. Giordenello, 357 U.S. at 486, 78 S. Ct. 1245. Under the plan, the FBI and Milwaukee police would become the lead law enforcement agencies investigating the Latin Kings. 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." Belsha called for police backup, with instructions that the request not be broadcast over Milwaukee police radios, Gonzales said. In other words, there must be a nexus between the item to be seized and criminal behavior. Because the discovery of the gun case and bullets was tainted, they cannot be considered in assessing the magistrate's decision to issue a warrant for a second search. 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. The charges result from a continuing effort by the Attorney General's "Gangs, Guns and Drugs" initiative targeting violent street gangs . (Id. 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. Trevino and other Latin Kings accused each other of. 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. The latter allegation, as we will see, helps establish probable cause for one element of RICO. 'They needed to know who is with them and who they are at war with on any given day. To satisfy 1962(c)'s "associated with an[] enterprise" requirement, the government must introduce "evidence that the various associates function as a continuing unit." See Case No. Since the 2005 indictment, 17 more Latin Kings and gang associates have been charged. Somehow the execution-style murder of a Latin Kings member suspected of being an informant did not come to the attention of Gonzales, the case's lead federal prosecutor - even though he was told about many more minor crimes that occurred around the same time. You can explore additional available newsletters here. Zier did not return calls for comment. 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. Latin Kings Indictment Stuns Supporters. Barragan was cooperating with state authorities about a homicide while federal authorities were investigating him for a racketeering case. 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. Barragan slipped away during the sweep, but law enforcement was still tracking him. They asked Hirschfield's family for patience. 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. In a proper case, evidence of gang membership may be admitted to show motive, a reason for participation, joint ownership of firearms, or a relationship between witnesses; for purposes of impeachment and showing bias; to explain parties' actions, to help the jury understand the dynamics at work in a given case; and to support conspiracy or joint venture theories. Thank you for reading! He then opened it. The affidavit did not assert that Rosado was a Latin King leader, officer, or treasurer, and provided no other reason to believe that his residence would have copies of the organization's manifesto, roster, dues lists, or other material. "We were worried after the indictment that younger guys were going to be much more violent to establish themselves. 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. Probable cause for a search exists when it is reasonably believed that the evidence sought will aid in the prosecution of a particular offense and the evidence is located in the place to be searched. In addition, the affidavit appears to have been calculated to mislead. If you leave one root, it will grow back stronger," she said. [5] It is also a crime to conspire to violate 1962(c). milwaukee milwaukee police wednesday promised a crackdown on the latin kings after arresting two members of a violent street gang in connection with the slaying of a miller brewing co. executive. of 8/16/99 Evid. Middle District of North Carolina (336) 333-5351. in Supp. GREENSBORO, NCThirteen alleged members of the Almighty Latin King and Queen Nation (Latin Kings) have been indicted by a federal grand jury in . It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." The affidavit did not state who believed that these items would be located within Rosado's residence, and it did not state why it was believed that these items would be located there. she said. But the Hirschfield homicide showed the gang wasn't destroyed. 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. Hirschfield's sister, Amy Hirschfield, appreciates the effort that prosecutors and law enforcement made in getting justice for her family. I therefore next consider whether the black and gold clothing, indicating a possible association with a RICO-accused enterprise, could provide "probable cause for believing the occurrence of a crime and the secreting of evidence in specific premises," Harris, 403 U.S. at 584, 91 S. Ct. 2075, and thereby justify a search warrant. Under Coolidge, three requirements must be satisfied before police may seize private possessions in plain view without consent. I find that an indictment does not constitute probable cause to issue a search warrant. 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. 2d 782 (1967). 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). 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. Just a handful of the 33 people named in the indictments were still at large late Monday. 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. No copy of the indictment was attached (despite its assertion to the contrary). 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. 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. Because Barragan was regularly showing up in court as part of his plea agreement, Robles said, the agents had confidence he would be at his home when the bust occurred. He may have married there, making him a Mexican citizen and harder to deport. The affidavit recited that Latin King members had been indicted for many serious crimes. See id. Corp., 8 F.3d 1174, 1180 (7th Cir.1993). Assistant District Attorney Warren Zier appeared for the state and asked for a delay. Barragan's name surfaced in news accounts, a fact that indicated he too might soon face indictment. State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. The Latin King indictment charges 17 members and associates with a criminal conspiracy that spanned a time period from 2003 until November 2015. 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. 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. in Supp. Reliability is based upon the informant's veracity and basis of knowledge. That gang member ultimately was convicted of killing Trevino. This site is protected by reCAPTCHA and the Google, Eastern District of Wisconsin US Federal District Court. in Supp. Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." 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). 2d 564 (1971) (plurality opinion). Even if such tainted information is presented to the magistrate, the search warrant is nonetheless valid "if the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause." at 792. 2d 1503 (1958). 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. He is looking into what happened. The question presented is thus when, if ever, someone's association with an enterprise whose affairs have been conducted through a pattern of racketeering activity provides probable cause to believe that the particular offense of a 1962(c) violation may have occurred, that is, that the person may have helped participate in conducting the affairs of the enterprise and have engaged in two or more predicate acts. Otherwise we would have been there," Gonzales said. We arrested Armando Barragan, and he was charged for his role in the offense. 4.) (Tr. They were going to build a big case using the Hirschfield homicide as a centerpiece. I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. See id. Id. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. Probable cause for arrest, without more, will not justify a search warrant. Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. 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. denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. In Rubio itself, the court found that because the suspects, indicted Hell's Angels Club members, pursued legitimate activities through the club, including an auto body shop, and because the affidavit did not establish probable cause to believe that any suspects had committed crimes, there was not sufficient reason to believe that evidence of a pattern of racketeering activity could be found at a given associate's or member's premises. All five defendants also appeal their sentences. 5.) amend. Rosado next contends that the search conducted pursuant to the search warrant issued the evening of the search was unlawful, because the affidavit supporting the warrant did not provide probable cause. The magistrate's determination must be neutral and detached. The affidavit asserted that unnamed informants claimed that Latin King members often used firearms to commit violent crimes and stored them at their residences. As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. Federal and state law enforcement had another shot at Barragan a month later. to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. Count One of the indictment alleged that Hill . 2.) Even an officer's statement that officials have received reliable information from a credible person and believe that heroin is stored in a home is inadequate to establish probable cause. The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. The right of free association is impinged upon even by laws prohibiting gang membership plus certain kinds of conduct, for example, gang membership plus loitering. From January 1999 to August 1999, Spring made reg- It thus misled the magistrate into believing that the plain view exception requirements were satisfied. Hrg. 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. It doesn't take a genius to figure out all these guys were involved.". Judge Gorence recommended that I find that the initial protective sweep was consensual; that Sergeant Harpole's picking up and opening the black plastic case in the basement exceeded the scope of consent; but that the search warrant was nonetheless based upon probable cause. E-mail us at watchdog@jsonline.com. See United States v. McNeese, 901 F.2d 585, 594 (7th Cir.1990). But Hirschfield remained in the middle of the melee. These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. Without more information, it is difficult to say what occurred after his court appearance.". 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 national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York.
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