at 35.) [1] That indictment has since been superceded. [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. On that basis, even after setting aside the tainted evidence regarding the gun case, the search warrant for Rosado's residence was supported by probable cause. 9.). 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. United States v. McKinney, 919 F.2d 405, 415 (7th Cir.1990). See McNeese, 901 F.2d at 596; United States v. Reddrick, 90 F.3d 1276, 1281 (7th Cir.1996) ("a magistrate is entitled to draw reasonable inferences about where evidence is likely to be kept[;] in the case of drug dealers evidence is likely to be found where the dealers live") (quotation marks and citations omitted). He may have married there, making him a Mexican citizen and harder to deport. You can explore additional available newsletters here. x{i@W9y$ KX$%H See Rubio, 727 F.2d at 795. 2d 564 (1971) (plurality opinion). at 7-10.) <>stream The magistrate judge issued the requested search warrant. "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. latin king indictment milwaukee 2005 - breakingwinds.com Although not a RICO case, Huebner v. United States,731 F. Supp. BACKGROUND 4 In 2005, a grand jury issued a 38-count indictment in the United States District Court for the Eastern District of Wisconsin, alleging that 49 members of the Milwaukee chapter of the Latin Kings violated RICO. 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. On March 22, 2005, a grand jury sitting in the Western . Without more information, it is difficult to say what occurred after his court appearance.". 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. 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." 4.) Gonzales could not explain why he didn't receive such information. See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. 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 Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . Johnson v. United States,333 U.S. 10, 14, 68 S. Ct. 367, 92 L. Ed. See Illinois v. Gates,462 U.S. 213, 238-39, 103 S. Ct. 2317, 76 L. Ed. The mere fact, or even allegation, of gang membership carries a strong taint of criminality. 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. Gonzales, the federal prosecutor, said he would have been very suspicious of Barragan's account that he was a bystander. It was King love or no love.'. See Markling, 7 F.3d at 1316. Gonzales said he was never told about the Trevino murder, even though it happened right in the middle of the federal investigation into the Latin Kings. Middle District of North Carolina (336) 333-5351. U.S. The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. *919 *920 *921 Karine, Moreno-Taxman, Asst. 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. Authorities revved up to take on the Latin Kings. Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. 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. Rosado first contends that the initial protective sweep was without consent or a warrant, and therefore violated the Fourth Amendment. Attempted Murder Charges Filed Against 6 Members of Latin King Gang The warrantless search of the contents of the box thus may not be defended as consensual. We just don't want any other family to have to deal with what we did.". Gang membership is not a crime. 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." Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." 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. 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. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams. 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. 1961(1), (5).[5]. of Objs. Id. It did not assert that Rosado had been indicted for any crime. Adam Essling, Milwaukee, WI, for Defendants. In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." (Aff. 2(i) 2(k); 3.) (Tr. "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.". RICO applies both to formal and informal enterprises, including criminal gangs, see United States v. Korando, 29 F.3d 1114, 1117-18 (7th Cir.1994), and wholly criminal enterprises, see United States v. Turkette,452 U.S. 576, 587, 101 S. Ct. 2524, 69 L. Ed. Bilingual education | Madrid's community See Murray, 487 U.S. at 542, 108 S. Ct. 2529; Markling, 7 F.3d at 1316. 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. 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. amend. 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. 2 0 obj McGann v. Northeast Illinois Regional Commuter R.R. Defendant Rosado seeks an order suppressing evidence seized during a June 22, 1998 search of his residence on Fourth and Fourteenth Amendment grounds. 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. When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. 1962(d). Depending on the circumstances, the murder may have become part of his case, he said. Madrid Summit Declaration issued by NATO Heads of State and Government That charge brings a maximum of 18 months in prison. Detectives and prosecutors went with Barragan's version, according to the criminal complaint. Latin Kings (gang) - Wikipedia (Id. Those state prosecutors did not return calls for comment. The First Amendment protects individuals' right of free association. See id., 438 U.S. at 164 n. 6, 98 S. Ct. 2674. They allowed Marrero to follow them at a short distance. A few days later, the FBI turned the case of hunting down the pair over to the U.S. 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 trial was in recess Friday. Marshals Service, which specializes in fugitive apprehension. The argument escalated. at 918-19, 104 S. Ct. 3405. Latin Kings leader fled amid confusion - Milwaukee Journal Sentinel (Tr. Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. As Rosado observes, though, the issue "does not appear to have had an effect on the Magistrate's recommendation." A few months later, he agreed to plead guilty. See City of Chicago v. Morales,527 U.S. 41, 53, 119 S. Ct. 1849, 144 L. Ed. In other words, there must be a nexus between the item to be seized and criminal behavior. 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. 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. That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. 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. Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. 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." It is unclear if that information was shared with those investigating Trevino's murder. There was an obvious reason for omitting these facts; had they been provided, the magistrate judge would have realized that the information was tainted. The affidavit accused the Latin Kings of being an association-in-fact enterprise under the RICO statute, 18 U.S.C. "If it was out there and they had the evidence, they should have brought it to me. See also United States v. Ellsworth, 647 F.2d 957, 964 (9th Cir.1981) ("We find no authority for holding, and do not so hold here, that an indictment alone constitutes sufficient probable cause to issue a search warrant."). to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. See id. See Calandra, 414 U.S. at 351-52, 94 S. Ct. 613. Sanchez was picked up later. Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." She worries about the danger that Barragan presents as he remains on the run. District of Wisconsin returned an eight-count indictment . 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. 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. Latin Kings Indictment Stuns Supporters. Lloyd, 71 F.3d at 1263 (emphasis added). 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. 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. 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. I must thus consider whether the fact of Rosado's indictment, standing alone, could supply probable cause for a search of his residence. "It sounds like somebody was cooking a deal with him. Thus, there was probable cause that someone whoever owned the clothing had violated 1962(c). 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. 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. I therefore do not discuss 1962(d) separately. The affidavit made no assertion that Rosado had used a firearm to further violent criminal activity, that he had aided or abetted anyone else in doing so, or that firearms were stored at his residence. The national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York. jan 31, 2008. by john dobberstein. at 662. 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.". 2d 38 (1981). He was showing his face publicly.". 2d 527 (1983). 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. 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. 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. 1961(4). As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." 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. she said. "He knows what he is doing. 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. Barragan mistook Hirschfield for the man who hit him and ordered subordinate Latin Kings to shoot him, according to the court records. See United States v. McNeese, 901 F.2d 585, 594 (7th Cir.1990). 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 Training Plan in Foreign Languages created 2.340 job positions during the 2016-2017 period. Information about a group's reputation is legally insufficient to support probable cause that a member of that group is involved in criminal activities. Gang Wars - Milwaukee Magazine at 326, 107 S. Ct. 1149. A search warrant may issue only on a finding that evidence is likely to be found that will "aid in the prosecution of a particular offense." A sentencing date was set, but state prosecutors wanted Barragan to testify first against fellow Latin Kings in the murder. (emphasis added). 6.) Two weeks later, Barragan and a few dozen other Latin Kings were indicted. 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. Guarnero was one of the 49 individuals indicted. in Supp. See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. 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. State prosecutors would charge suspects to give federal prosecutors enough time to build a major racketeering case. 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). 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." 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. of Objs. The box was heavy, which led him to think that it likely contained a gun. On that basis, under the Rubio standard, association with the Latin Kings was sufficient to establish probable cause to believe that the person whose Latin King-color clothing was in Rosado's attic was not only associated with the Latin Kings, but also had participated in the conduct of the Latin Kings and (because such a large portion of its activities were illegitimate) had committed predicate acts. "I have no good explanation why that didn't happen.". The affidavit was thus recklessly false. They asked Hirschfield's family for patience. 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." That may have contributed to the confusion. 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. 2d 677 (1984). 436 (1948). Corp., 8 F.3d 1174, 1180 (7th Cir.1993). [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. 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. He accordingly contends that the government may not justify the search warrant by pointing to RICO. "It is amazing that they actually had him in court, knew he was involved in a murder and he got away.". v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). 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. 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. 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 very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. 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. Milwaukee Kings indictment : court filing - Archive 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. "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. "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." Police released a single report based on the third time Barragan was interviewed. A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. 3 (a) (b).) 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). 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." 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. That gang member ultimately was convicted of killing Trevino. Authorities believe he is in Mexico, often moving to blend in and elude capture. But Barragan has not been seen here since. Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. 2d 1503 (1958). at 238, 103 S. Ct. 2317. 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. See Franks, 438 U.S. at 155-56, 98 S. Ct. 2674. Madrid - History | Britannica He is looking into what happened. 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. To protect RICO suspects' right to freedom of association, search warrants issued on the strength of suspected 1962(c) violations must be narrowly drawn. Gang member gets life sentence in Good Samaritan killing Id. 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. 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." See Giordenello v. United States,357 U.S. 480, 485-86, 78 S. Ct. 1245, 2 L. Ed. Where the affidavit relies upon one or more informants, the magistrate judge must undertake "a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant's tip." Sergeant Harpole conceded that the plastic box was not large enough to hide a person. 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.