latin king indictment milwaukee 2005

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. 2d 564 (1971) (plurality opinion). See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. United States v. Roth, 201 F.3d 888, 892 (7th Cir.2000). (Compare Br. See National Org. %PDF-1.3 See Calandra, 414 U.S. at 351-52, 94 S. Ct. 613. 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. A sentencing date was set, but state prosecutors wanted Barragan to testify first against fellow Latin Kings in the murder. [1] That indictment has since been superceded. in Supp. See Franks, 438 U.S. at 155-56, 98 S. Ct. 2674. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. "Something more must be demonstrated; otherwise, the Fourth Amendment would offer little protection for those who are innocently associated with a legitimate enterprise, the affairs of which are being conducted by others through a pattern of racketeering activity." United States District Court, E.D. We, the Heads of State and Government of the North Atlantic Alliance, have gathered in Madrid as war has returned to the European continent. They were going to build a big case using the Hirschfield homicide as a centerpiece. These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. The latter allegation, as we will see, helps establish probable cause for one element of RICO. Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. An investigation that started in 1987 resulted in charges against 33 members.. 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. (Id. 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." Since the 2005 indictment, 17 more Latin Kings and gang associates have been charged. He was convicted and sentenced to 78 months. In addition, there must be probable cause to believe that evidence of the particular criminal behavior has been secreted in specific premises. 1441, 1443 (D.Ariz.1990), applied Rubio's reasoning and found that the search warrant there was valid, because the affidavit established probable cause that the suspect for whose residence the warrant was sought had committed particular offenses. 98-M-50. To protect RICO suspects' right to freedom of association, search warrants issued on the strength of suspected 1962(c) violations must be narrowly drawn. at 326, 107 S. Ct. 1149. Nos. There is no evidence that any informants accompanied Special Agent Koenig to the probable cause hearing or were available to give testimony before the magistrate judge. Barragan was back in state court in early October to be sentenced on his guilty plea in the Trevino case. 2d 246 (1981). Corp., 8 F.3d 1174, 1180 (7th Cir.1993). See Gates, 462 U.S. at 236, 103 S. Ct. 2317. 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. See Rubio, 727 F.2d at 795. The affidavit in this case, in contrast to that in Rubio, provided extensive information regarding the alleged criminal activities of the organization, as well as detailed information about the organization's reliance upon criminal acts to further its purposes. 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 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. We arrested Armando Barragan, and he was charged for his role in the offense. He then opened it. The magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." The three shooters eventually would be convicted in federal court, two of them getting life in prison. In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." 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 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. Thus, the mere fact that Rosado had been indicted, even if the magistrate judge had been informed of it, did not provide a basis for a search warrant. See City of Chicago v. Morales,527 U.S. 41, 53, 119 S. Ct. 1849, 144 L. Ed. Kevin Hirschfield and some friends stopped at a Speedway in Cudahy early on April 19, 2003, to buy cigarettes on the way home from a bar. 5.) In the confusion, Toms slipped away. 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." The argument escalated. He then requested and received permission to search "for people and other Latin King members or any other person who may have been wanted." 3(a) (b).) The affidavit was thus recklessly false. 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. 436 (1948). See United States v. Lloyd, 71 F.3d 1256, 1263 (7th Cir.1995). The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. 2d 677 (1984). See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. Defendant Rosado seeks an order suppressing evidence seized during a June 22, 1998 search of his residence on Fourth and Fourteenth Amendment grounds. 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. See id. 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. 2(a) (h), (j) (k).) The Bilingual Program has already been implemented in the 51% of the Secondary Education Institutes and in the 46,6% of the public schools of the Community of Madrid. 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. 2d 67 (1999) (opinion of Stevens, J.). In addition, the affidavit appears to have been calculated to mislead. Lloyd, 71 F.3d at 1263 (emphasis added). Sergeant Harpole then returned the box to the shelf. See Leon, 468 U.S. at 914, 104 S. Ct. 3405 (citing Franks). 9.). (Id. 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. That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. 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. 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. 1961(4). [7] Another court in this district declined to apply Rubio in an Outlaws Motorcycle Club case, but only on the ground that the search warrant in that case was protected by the Leon good-faith exception. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. 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. Murray v. United States,487 U.S. 533, 540, 108 S. Ct. 2529, 101 L. Ed. "Is there any indication he is going to drop off the face of the Earth? Otherwise we would have been there," Gonzales said. 22.) "I am only aware of what I receive. 2d 527 (1983). By that time, the 16-year-old Barragan had risen to become the leader - called the "Inca" - of the 19th Street Kings, one of several local branches of the gang, according to federal court documents. In this case, however, the affidavit did not assert, much less provide reason to believe, that Rosado was a narcotics distributor or drug dealer; that he aided or abetted others who were; that he exhibited any traits or behaviors characteristic of narcotics traffickers; or that any characteristics common to narcotics traffickers' residences had been found at his residence. That must have factored in how he was out of custody," Gonzales said. Information about a group's reputation is legally insufficient to support probable cause that a member of that group is involved in criminal activities. TRENTON Attorney General Peter C. Harvey announced the indictment of six members of the notorious Latin Kings Street Gang on charges related to the 2004 attempted murder of a former gang member. "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.". The trial was in recess Friday. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. It may be possible, though, that the magistrate judge was aware from other information that Rosado had been indicted on a criminal charge. "Associational" evidence therefore is needed to establish a RICO violation under 1962(c), and such evidence thus demonstrates one element of a crime. denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. The 26-year-old had spent the day before putting a new roof on his aunt's house. 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 slipped away during the sweep, but law enforcement was still tracking him. 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. 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. He accordingly contends that the government may not justify the search warrant by pointing to RICO. This is comparable to Arizona v. Hicks,480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. 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. Both men face up to life in prison if convicted. Middle District of North Carolina (336) 333-5351. Hrg. ", 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 question presented is thus whether this inference is adequate to establish "probable cause for believing the occurrence of a crime and the secreting of evidence in specific premises." 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. amend. 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. Moving and opening the box was therefore unlawful. Lloyd, 71 F.3d at 1263 (emphasis added). 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. 1971). 2d 723 (1964)). Barragan, 16 at the time of the homicide, was to be tried as an adult. Nearly 200 schools and more than 1.200 teachers have participated in the . Turkette, 452 U.S. at 583, 101 S. Ct. 2524. As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. It doesn't take a genius to figure out all these guys were involved.". 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." See Lloyd, 71 F.3d at 1263. Id. The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. Gonzales could not explain why he didn't receive such information. "This guy was killed three different ways in a torturous fashion. 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. she said. (`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. The affidavit summarized many telling characteristics and common behaviors of narcotics traffickers, and indicated that incriminating evidence of narcotics crimes is often to be found in narcotics traffickers' residences. Count One of the indictment alleged that Hill . See id. A few days later, the FBI turned the case of hunting down the pair over to the U.S. 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. Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. (Aff. 2, 2(i).) Rosado first contends that the initial protective sweep was without consent or a warrant, and therefore violated the Fourth Amendment. See United States v. McNeese, 901 F.2d 585, 594 (7th Cir.1990). 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. "We were worried after the indictment that younger guys were going to be much more violent to establish themselves. 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. It was King love or no love.'. Thus, a mere inference of gang membership, without more, provides no basis for concluding that a search would uncover evidence of wrongdoing. 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. Depending on the circumstances, the murder may have become part of his case, he said. (Id. But the Hirschfield homicide showed the gang wasn't destroyed. One of them was Barragan, who was already under federal investigation in the Hirschfield homicide, attempted murder, drug dealing and robbery. They allowed Marrero to follow them at a short distance. After his arrest in the Trevino homicide, Barragan talked to Milwaukee police detectives at least three times in late September 2004, according to police reports obtained by the Journal Sentinel through the state open records law. (Recommendation at 4.) ! The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. U.S. "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." Authorities revved up to take on the Latin Kings. 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." Trevino and other Latin Kings accused each other of talking to police, according to police reports. In the Vallejo criminal complaint, Barragan was identified as the one who ordered the shooting. See Murray, 487 U.S. at 542, 108 S. Ct. 2529; Markling, 7 F.3d at 1316. Rosado objects that the totality of the evidence indicates Marrero's consent was not freely given for these reasons: She was told that she would be taken into custody if she did not consent; she observed Rosado, her live-in boyfriend and the father of her children, being arrested; at least two officers present at the scene were wearing "raid" gear; she was asked twice for permission to search the house for persons; she did not give written consent for a search; she was not informed that she had the right to refuse a search; she was nervous and had never been in a similar situation; and she had her two young children at home with her. Id. Police said he had 49 kilograms of cocaine with a street value of $7.3 million. jan 31, 2008. by john dobberstein. 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. at 35.) 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. Id.[6]. See Rubio, 727 F.2d at 795. v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). "It is amazing that they actually had him in court, knew he was involved in a murder and he got away.". Gonzales, the federal prosecutor, said he would have been very suspicious of Barragan's account that he was a bystander. It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." 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. IV. Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. E-mail us at watchdog@jsonline.com. 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. (Id. 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. He said that information could have come from the investigating agents, who worked for the FBI and Milwaukee police. See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. 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. Gang membership is not a crime. 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. United States v. McKinney, 919 F.2d 405, 415 (7th Cir.1990). Rosado filed timely objections, and the government filed a response. Giordenello, 357 U.S. at 486, 78 S. Ct. 1245. 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. 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. I am not an independent investigative agency," he said. 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 affidavit then spent half a page asserting in the passive voice that: (Id. 2d 782 (1967). The probable cause determination is based upon the totality of the circumstances. FBI spokesman Leonard Peace declined to comment, saying the Barragan case remains open. at 662. Because Gates was issued two months after Apker, the Apker court necessarily could not consider it. 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. in Supp. at 20.) Marshals Service, which specializes in fugitive apprehension. 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. Hirschfield saw a fight brewing in the gas station parking lot between Barragan and a man named Matthew Toms. 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. See Jacobs v. City of Chicago, 215 F.3d 758, 768 n. 4 (7th Cir.2000). 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. We just don't want any other family to have to deal with what we did.". 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. Three gang members complied, shooting Hirschfield at least a dozen times, according to federal court records. I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. GREENSBORO, NCThirteen alleged members of the Almighty Latin King and Queen Nation (Latin Kings) have been indicted by a federal grand jury in . You can explore additional available newsletters here. 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. 'They needed to know who is with them and who they are at war with on any given day. 1962(c). The Milwaukee branch was established in the mid-1970s and quickly grew to dominate the south side. Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." Detectives and prosecutors went with Barragan's version, according to the criminal complaint. Nonetheless, police may not insulate one officer's deliberate misstatement merely by relaying it through an officer-affiant personally ignorant of its falsity. The murder generated big news and triggered what would become the second major federal investigation of the Latin Kings in Milwaukee. The state opened a secret John Doe proceeding to develop those charges, officials said. Rosado's Objs. at 793. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. 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). The magistrate judge issued the requested search warrant. 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. Milwaukee County Assistant District Attorney David Robles, who worked as a special federal prosecutor with Gonzales on the Latin Kings case, said he was aware of Trevino's homicide and that Barragan was charged in it, but he isn't sure when he found out. 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. Gates, 462 U.S. at 234, 103 S. Ct. 2317. No copy of the indictment was attached (despite its assertion to the contrary). Barragan was charged with aiding a felon - not the killing itself. Assistant District Attorney Warren Zier appeared for the state and asked for a delay. A few months later, he agreed to plead guilty. The magistrate must be detached and neutral, see Steagald, 451 U.S. at 212, 101 S. Ct. 1642, but the grand jury's investigative role prevents it from being fully neutral. (Aff. 5.) 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. At the same time, federal authorities were closing in on their targets. '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. (Tr. 'They would come up here and sell out their own mother if they have to.'. It is unclear if the state prosecutors who handled Barragan's case were aware he was being investigated by federal authorities in Hirschfield's murder and other crimes. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). I review the recommendation de novo. 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. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams. 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. "He knows what he is doing. (emphasis added). Hirschfield's sister, Amy Hirschfield, appreciates the effort that prosecutors and law enforcement made in getting justice for her family. The defendants, SANTO LOZOYA, also known as "Saint," HECTOR ROJAS, also known as "Lil Hec," JOSE MARTINEZ, also known as "Ghost," and PEDRO NAVARRO, also known as "Cuba," and others known and unknown, were members and associates of the "Milwaukee Kings" street gang, criminal organization whose members and associates engaged in acts of violence,

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