"It is like pulling up a weed. 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. Latin Kings, who were essentially decapitated by a 33-member indictment in 1998 (just before the Gang Squad was disbanded). How The Latin Kings Started In Milwaukee - Otosection See United States v. McNeese, 901 F.2d 585, 594 (7th Cir.1990). Because of the link between the Latin Kings colors and the clothing observed in the attic, there was probable cause to believe that whoever the clothing belonged to was associated with and participated, directly or indirectly, in the conduct of Latin Kings' affairs. Thirty Four Alleged Gang Members Charged with Participating in 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. Barragan was cooperating with state authorities about a homicide while federal authorities were investigating him for a racketeering case. Because the box was of these dimensions and was made of black plastic, Sergeant Harpole believed that it "might be potentially a gun case." See Brouwer v. Raffensperger, Hughes & Co., 199 F.3d 961, 967 (7th Cir. 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." FBI Thirteen Alleged Latin King Members Indicted on Federal 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. But Barragan has not been seen here since. See Mendocino Envtl. Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. Latin Kings leader fled amid confusion - Milwaukee Journal Sentinel of Objs. Lloyd, 71 F.3d at 1263 (emphasis added). 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. Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. Marrero refused. The national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York. "They had him and actually let him go?" The warrantless search of the contents of the box thus may not be defended as consensual. Adam Essling, Milwaukee, WI, for Defendants. The case's lead prosecutor, Assistant U.S. Attorney Mario Gonzales, said he didn't know that Barragan appeared in state court nine days after he was indicted in federal court - until told recently by a Journal Sentinel reporter. [3] The affidavit did not assert that Rosado had been indicted. 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. Asst. 2d 667 (1978). The affidavit cited the presence in the attic of Rosado's residence of clothing in the Latin Kings' colors. See Lloyd, 71 F.3d at 1263. 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. That must have factored in how he was out of custody," Gonzales said. Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." ?|i/mu9R)bG]yz1bp?\_^W.|. U.S. 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. 1961(4). 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 . See id. 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. among forty-nine Milwaukee-area Latin Kings indicted Case: 10-2677 Document: 56 Filed: 07/18/2012 Pages: 32 . See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. 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. See Murray, 487 U.S. at 542, 108 S. Ct. 2529; Markling, 7 F.3d at 1316. These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. 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). 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." See Rubio, 727 F.2d at 795. 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 Jacobs v. City of Chicago, 215 F.3d 758, 768 n. 4 (7th Cir.2000). The First Amendment protects individuals' right of free association. 2d 472 (1988). The affidavit stated that "during their search for people [law enforcement officers] found within plain view a black plastic gun case." 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. They were going to build a big case using the Hirschfield homicide as a centerpiece. Anyone with information about the whereabouts of Armando Barragan is urged to call the U.S. (emphasis added). Latin King and Two Six Nation Gangs Indicted - United States Department 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. Middle District of North Carolina (336) 333-5351. Since the 2005 indictment, 17 more Latin Kings and gang associates have been charged. 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. Harris, 403 U.S. at 584, 91 S. Ct. 2075. "I am only aware of what I receive. 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). I agree that this issue is not material, and therefore do not address it. That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. Hrg. 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. (Tr. United States v. Acosta, 110 F. Supp. 2d 918 (E.D. Wis. 2000) *919 *920 *921 Karine, Moreno-Taxman, Asst. 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. 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. (Aff. 2.) 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. He may have married there, making him a Mexican citizen and harder to deport. 22.) [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. (Id. United States v. Markling, 7 F.3d 1309, 1316 (7th Cir.1993). It did not assert that Rosado had been indicted for any crime. 2d 67 (1999) (opinion of Stevens, J.). A few months later, he agreed to plead guilty. IV. 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. In coming days, swarms of law enforcement officers descended on the city's south side, arresting all but a couple of targets. 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. Martinez and Vallejo pled guilty to a RICO offense, 18 U.S.C. 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." The Milwaukee branch was established in the mid-1970s and quickly grew to dominate the south side. He identified several people in the house but left out one, the report said. 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." They allowed Marrero to follow them at a short distance. See Gates, 462 U.S. at 236, 103 S. Ct. 2317. An investigation that started in 1987 resulted in charges against 33 members.. 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. See Lloyd, 71 F.3d at 1263. 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." Barragan slipped away during the sweep, but law enforcement was still tracking him. The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. 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 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. I find that an indictment does not constitute probable cause to issue a search warrant. (Id. 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. 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 National Org. Rosado objects to the first and third recommendation.[4]. Rosado contends that the protective sweep was nonconsensual, and further contends that the affidavit supporting the search warrant did not establish probable cause. "This guy was killed three different ways in a torturous fashion. "That was not a great moment," Gonzales said. See Warden v. Hayden,387 U.S. 294, 306-07, 87 S. Ct. 1642, 18 L. Ed. "I would have liked to have known about a lot of this stuff, but I can only work with the information that is provided to me.". Wisconsin. The affidavit asserted that it was believed that a "Latin King Manifesto," a Latin King book of rules and laws, membership lists, telephone numbers, dues lists, and legal papers useful for intimidating witnesses would be found in Rosado's residence. "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. See id. 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. 4.) Again, he escaped because of mistakes. 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. See Lloyd, 71 F.3d at 1263. The three shooters eventually would be convicted in federal court, two of them getting life in prison. Madrid - History | Britannica Nineteen Alleged Latin Kings Gang Members Indictedon Federal Get free summaries of new Eastern District of Wisconsin US Federal District Court opinions delivered to your inbox! The mere fact, or even allegation, of gang membership carries a strong taint of criminality. 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 Markling, 7 F.3d at 1316. 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. 1961(4). See U.S. Const. Federal and state law enforcement had another shot at Barragan a month later. We arrested Armando Barragan, and he was charged for his role in the offense. 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. 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. "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. That month, Timothy Vallejo, one of the people who shot Hirschfield at the gas station, was charged in federal court. 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 486, 78 S. Ct. 1245. %PDF-1.3 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"). In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." Trevino, 23, was beaten, then shot in the leg, stabbed and ultimately strangled to death by fellow gang members, according to court records and police reports. jan 31, 2008. by john dobberstein. [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. latin king indictment milwaukee 2005 - breakingwinds.com See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. See Rubio, 727 F.2d at 793. When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. the milwaukee journal sentinel. 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. They communicated with walkie-talkies, wore certain clothes to hide their identities and were always on the hunt for rivals, using gang-owned guns, Gonzales said. Milwaukee police target Latin Kings gang To be sure, an indictment does supply probable cause for an arrest warrant. I must thus consider whether the fact of Rosado's indictment, standing alone, could supply probable cause for a search of his residence. On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. at 17.) 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. Gates, 462 U.S. at 234, 103 S. Ct. 2317. Defendant Rosado seeks an order suppressing evidence seized during a June 22, 1998 search of his residence on Fourth and Fourteenth Amendment grounds.
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