Sign up for our free summaries and get the latest delivered directly to you. See Lloyd, 71 F.3d at 1263. 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. Gonzales, a federal prosecutor for 18 years, said he has never had a defendant elude justice for as long as Barragan has. 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. 636(b) (1) (B). [1] That indictment has since been superceded. 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. ?|i/mu9R)bG]yz1bp?\_^W.|. "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." 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. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. 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. (Docket # 1027 [hereinafter "Recommendation"].) 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. Ctr. When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. 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. The Latin King indictment charges 17 members and associates with a criminal conspiracy that spanned a time period from 2003 until November 2015. 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"). 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. at 918-19, 104 S. Ct. 3405. 2d 38 (1981). Gates, 462 U.S. at 239, 103 S. Ct. 2317 (emphasis added). Moving and opening the box was therefore unlawful. The affidavit recited that Latin King members had been indicted for many serious crimes. Get free summaries of new Eastern District of Wisconsin US Federal District Court opinions delivered to your inbox! (Aff. 2(i) 2(k); 3.) See id. At the evidentiary hearing, Sergeant Harpole and Marrero gave conflicting testimony about whether Marrero voluntarily consented to such a search. Middle District of North Carolina (336) 333-5351. That charge brings a maximum of 18 months in prison. 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. ", 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. "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. (Id. 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 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. 3.) Many agreed to plead guilty and are expected to testify in the trial of Alan Anderson and Martin Martinez, which is expected to last two weeks. [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. From January 1999 to August 1999, Spring made reg- 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. A few days later, the FBI turned the case of hunting down the pair over to the U.S. 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. 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. The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. As Rosado observes, though, the issue "does not appear to have had an effect on the Magistrate's recommendation." 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). Attempted Murder Charges Filed Against 6 Members of Latin King Gang "I had no idea that he was awaiting sentence and entered that plea. McKinney, 919 F.2d at 415 (emphasis added). Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." Federal and state law enforcement had another shot at Barragan a month later. The problem with relying upon an indictment to supply probable cause for a search warrant is that it asks the magistrate to subordinate his or her own independent judgment to that of the grand jury, see United States v. Rubio, 727 F.2d 786, 795 (9th Cir.1983), and asks the magistrate merely to ratify the bare conclusions of others, rather than to form an independent judgement, in violation of Gates, 462 U.S. at 239, 103 S. Ct. 2317. Murray v. United States,487 U.S. 533, 540, 108 S. Ct. 2529, 101 L. Ed. Barragan was back in state court in early October to be sentenced on his guilty plea in the Trevino case. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. The testimony conflicts on whether Marrero was threatened with being taken into custody unless she authorized a protective sweep. 2d 677 (1984). among forty-nine Milwaukee-area Latin Kings indicted Case: 10-2677 Document: 56 Filed: 07/18/2012 Pages: 32 . For this reason, RICO charges under 1962(c) implicate First Amendment interests. 4 Chicago gang members indicted on federal - Chicago Tribune Hirschfield saw a fight brewing in the gas station parking lot between Barragan and a man named Matthew Toms. Giordenello, 357 U.S. at 486, 78 S. Ct. 1245. A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. milwaukee police target latin kings gang. It doesn't take a genius to figure out all these guys were involved.". she said. Sergeant Harpole conceded that the plastic box was not large enough to hide a person. jan 31, 2008. by john dobberstein. In late September 2005, Barragan was secretly indicted by a federal grand jury in Milwaukee for the Hirschfield homicide and other crimes as part of a sprawling case against Latin Kings in Milwaukee. "the . 2d 782 (1967). 2d 960 (2000). Rosado raised all of these arguments, most of them verbatim, in his motion before Judge Gorence. "It sounds like somebody was cooking a deal with him. I don't know why it wasn't brought to my attention. 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. See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. "When this (homicide) broke, this was the one that galvanized everyone, that we needed to do something now, we needed to identify (those responsible) and hold them accountable.". By 2003, new young leaders, such as Barragan, had moved into top roles of the ruthless gang, leaving a bloody trail of shootings and drug dealing through Milwaukee's south side, according to federal court documents. Police said he had 49 kilograms of cocaine with a street value of $7.3 million. 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. She said fellow members of the gang who will testify have a reason to lie. [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. 2d 561 (1974). (Aff. 2.) Having independently reviewed the relevant portions of the transcript of the evidentiary hearing, I adopt Judge Gorence's legal analysis and recommended findings that Marrero was not threatened and did give voluntary consent for a limited protective search. 2d 99 (1994) (Souter, J., concurring). Barragan, 16 at the time of the homicide, was to be tried as an adult. Bilingual education | Madrid's community 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. See Brouwer v. Raffensperger, Hughes & Co., 199 F.3d 961, 967 (7th Cir. "At that point in time, information related to his whereabouts was good," he said. See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. 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. 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. The Supreme Court applied Coolidge's requirement that an item's incriminating nature must be "immediately apparent" before it can be seized to mean that, absent a search warrant, an object in plain view may be moved, opened, or otherwise intruded upon only if there is probable cause. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. Martinez and Vallejo pled guilty to a RICO offense, 18 U.S.C. 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. v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). 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. Because Gates was issued two months after Apker, the Apker court necessarily could not consider it. The affidavit accused the Latin Kings of being an association-in-fact enterprise under the RICO statute, 18 U.S.C. Under the plan, the FBI and Milwaukee police would become the lead law enforcement agencies investigating the Latin Kings. According to the affidavit, Latin King members not only committed serious criminal acts, including murder and arson, but committed predicate acts for the purpose of benefitting the enterprise, including the murder of rival gang members; the murder of suspected government informants; and arson against the person and properties of rival gangs and potential adverse witnesses. The state opened a secret John Doe proceeding to develop those charges, officials said. (Id. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. The mere fact that Rosado had been indicted even if properly before the magistrate judge, which it does not appear to have been thus could not supply probable cause for any element of the search warrant determination. 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. 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. 2d 472 (1988). Reliability is based upon the informant's veracity and basis of knowledge. See Giordenello v. United States,357 U.S. 480, 485-86, 78 S. Ct. 1245, 2 L. Ed. But the Hirschfield homicide showed the gang wasn't destroyed. The mere assertion that the Latin Kings is a criminal gang would not convert Rosado's membership in the Latin Kings, even if true, into probable cause to believe that Rosado was guilty of any particular offense, much less probable cause to believe that evidence of a particular offense would be at his residence. %PDF-1.3 (Recommendation at 4.) A sentencing date was set, but state prosecutors wanted Barragan to testify first against fellow Latin Kings in the murder. 3(a) (b).) 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. They were going to build a big case using the Hirschfield homicide as a centerpiece. See Mendocino Envtl. Gonzales said he would have been particularly interested in what Barragan told Milwaukee police detectives after he agreed to plead guilty to aiding a felon for dumping Trevino's body. The affidavit next summarized in two-thirds of a page the consensual "protective sweep" search conducted at the residence earlier in the day and what was found: The affidavit then summarized, based upon law enforcement officers' surveillance *924 and observations, half a page of reasons for believing that Rosado lived at the residence. *919 *920 *921 Karine, Moreno-Taxman, Asst. An allegation under 1962(d) that a suspect conspired to violate 1962(c), though, requires evidence that the suspect personally facilitated the activities of those who operated or managed the enterprise. 22.) The probable cause determination is based upon the totality of the circumstances. Known by his nickname "Mondie," the 23-year-old Spanish-speaking American citizen is believed to be living in Mexico. 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. 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. of Objs. The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. Pursuant to the search warrant, officers conducted a second search of the residence around 7 p.m., and seized incriminating evidence including the black and gold clothing and the gun case with the bullets. See Markling, 7 F.3d at 1316. Nearly 200 schools and more than 1.200 teachers have participated in the . See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. 436 (1948). Nos. 33 Latin Kings' members indicted - journaltimes.com 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. See Rubio, 727 F.2d at 792. They asked Hirschfield's family for patience. Even as Barragan was in state court, federal authorities were mapping out a complicated plan to arrest him and dozens of other Latin Kings, some of whom were already in custody on other charges. 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." 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. Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." The indictment was sealed as authorities prepared for a major arrest sweep. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. The state prosecutor asked to delay the sentencing so Barragan could testify against fellow gang members in that killing as part of a plea bargain. It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." United States v. Tello, Nos. 10-2677 - Federal Cases - Case Law - VLEX "This guy was killed three different ways in a torturous fashion. Count 3 alleged drug offenses, and was the only count with which Rosado was charged. Having posted bail earlier, Barragan walked free that day. The bare assertion that Latin King members often used firearms in crimes and stored them at their residences provides little detail. of Def. Probable cause for arrest, without more, will not justify a search warrant. Hrg. I. "It is like pulling up a weed. Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. No copy of the indictment was attached (despite its assertion to the contrary). In the confusion, Toms slipped away. "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. (Tr. This is comparable to Arizona v. Hicks,480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. The box contained hundreds of .22 caliber bullets. 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. [5] It is also a crime to conspire to violate 1962(c). 9), discussed below) that Rosado's residence had any link to the commission of crimes. Count One of the indictment alleged that Hill . By contrast, a magistrate may not consider illegally gathered evidence in determining whether there is probable cause to support a search warrant. 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. See U.S. Const. 2d 246 (1981). 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. Johnson v. United States,333 U.S. 10, 14, 68 S. Ct. 367, 92 L. Ed. 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.
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