Sergeant Harpole testified that no promises or threats were made, and no weapons were drawn, while Marrero contended that she allowed the protective search only after being threatened with arrest and incarceration if she refused. These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. Harris, 403 U.S. at 584, 91 S. Ct. 2075. Assistant District Attorney Warren Zier appeared for the state and asked for a delay. The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. The indictment was sealed as authorities prepared for a major arrest sweep. Barragan was cooperating with state authorities about a homicide while federal authorities were investigating him for a racketeering case. 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. 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. "I have no good explanation why that didn't happen.". Gonzales, a federal prosecutor for 18 years, said he has never had a defendant elude justice for as long as Barragan has. Justia Opinion Summary In 2005, Martinez, Vallejo, and 47 others were indicted for crimes committed while they were members of the Milwaukee chapter of the Latin Kings gang organization. He was convicted and sentenced to 78 months. Susan Karaskiewicz, attorney for Anderson, said the government has no physical evidence tying her client to the shootings. (Recommendation at 4.) Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. 1026, 1040 n. 4 (N.D.Iowa 1998). 2d 667 (1978). (Compare Br. Even an officer's statement that officials have received reliable information from a credible person and believe that heroin is stored in a home is inadequate to establish probable cause. The murder generated big news and triggered what would become the second major federal investigation of the Latin Kings in Milwaukee. State prosecutors would charge suspects to give federal prosecutors enough time to build a major racketeering case. 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. Three gang members complied, shooting Hirschfield at least a dozen times, according to federal court records. 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. MILWAUKEE (AP) Thirty-three people described as members of Milwaukee's Latin Kings street gang were indicted Monday on charges alleging involvement in nine murders, 21 attempted murders. Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. 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. Police released a single report based on the third time Barragan was interviewed. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. See Case No. See Brouwer v. Raffensperger, Hughes & Co., 199 F.3d 961, 967 (7th Cir. Moving and opening the box was therefore unlawful. 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." To whatever extent the Gerstein footnote may have undermined that requirement, I believe that Gates reinstated it when it held that "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." She is the president of the People's Party of Madrid.. A member of the People's Party, and the vice-secretary of communication and spokeswoman of the party's Madrilenian branch, she was . 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. 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. A few months later, he agreed to plead guilty. From January 1999 to August 1999, Spring made reg- Rubio is the leading case, and provides the rule that "[i]f such a large portion of the subject organization's activities are illegitimate so that the enterprise could be considered, in effect, wholly illegitimate, then there would certainly be cause to believe that evidence of a suspect's association with that enterprise would aid in a RICO conviction." 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. The name Majerit first appears in ad 932, when the Christian king Ramiro II of Len razed the town's walls, but there are traces of earlier (even prehistoric) habitation. The very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. There was no hint in that hearing that federal prosecutors were closing in, according to the transcript and Barragan's attorney, Mark Lipscomb. 636(b) (1) (B). Like a good Samaritan, Hirschfield stepped in to break up the fight, not knowing he was dealing with gang members, according to the documents. You already receive all suggested Justia Opinion Summary Newsletters. (Aff. 7.) Moreover, the magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." Isabel Natividad Daz Ayuso (Spanish pronunciation: [isael di.a auso]; born 17 October 1978) is a Spanish politician and journalist serving as the president of the Community of Madrid since 2019. at 20.) 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). That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. Gates, 462 U.S. at 234, 103 S. Ct. 2317. 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. 'You are going to hear from the worst of the worst,' she said. [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. 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. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. The magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." 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. It may be possible, though, that the magistrate judge was aware from other information that Rosado had been indicted on a criminal charge. Even though Special Agent Koenig may have been personally ignorant of the falsehood, government agents may not insulate deliberate misstatements merely by relaying them through another officer. 2d 67 (1999) (opinion of Stevens, J.). 2d 561 (1974). On that basis, the affidavit provided probable cause to believe that such a large portion of the Latin Kings' activities were illegitimate that the enterprise could be considered in effect wholly illegitimate. See id., 438 U.S. at 164 n. 6, 98 S. Ct. 2674. 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.". of Objs. 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. 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. As discussed above, officers discovered what proved to be a gun case containing bullets only through a search that violated the scope of the consent they had been given and that did not satisfy the requirements of the plain view exception. The facts of this case are not even close to cases in which the Seventh Circuit has found probable cause to believe that incriminating evidence found in plain view was present: shotgun shells found in a bank robbery case, see United States v. Bruce, 109 F.3d 323, 329 (7th Cir.1997); an empty ammunition box found in a search for drugs, see United States v. Cooper, 19 F.3d 1154, 1163 (7th Cir.1994); a large amount of money found in a defendant's car after a drug transaction, see United States v. Cervantes, 19 F.3d 1151, 1153 (7th Cir.1994); a gun silencer found while searching for drugs, see United States v. Carmany, 901 F.2d 76, 78 (7th Cir.1990); money and maps found in a bank robbery case, see United States v. Walton, 814 F.2d 376, 380 (7th Cir.1987). He said that information could have come from the investigating agents, who worked for the FBI and Milwaukee police. 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). 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. Known by his nickname "Mondie," the 23-year-old Spanish-speaking American citizen is believed to be living in Mexico. Depending on the circumstances, the murder may have become part of his case, he said. at 793. But Barragan has not been seen here since. 22.) Rosado objects to the first and third recommendation.[4]. 2d 564 (1971) (plurality opinion). Sanchez was picked up later. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. Rosado's Objs. In the confusion, Toms slipped away. milwaukee police target latin kings gang. In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. 1961(4). I also adopt Judge Gorence's finding that Sergeant Harpole exceeded the scope of Marrero's consent when he opened the black plastic box. 436 (1948). It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." We just don't want any other family to have to deal with what we did.". 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. Rosado first contends that the initial protective sweep was without consent or a warrant, and therefore violated the Fourth Amendment. Adam Essling, Milwaukee, WI, for Defendants. 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. United States v. McKinney, 919 F.2d 405, 415 (7th Cir.1990). See 18 U.S.C. By contrast, a magistrate may not consider illegally gathered evidence in determining whether there is probable cause to support a search warrant. Thank you for reading! Belsha called for police backup, with instructions that the request not be broadcast over Milwaukee police radios, Gonzales said. The Milwaukee branch was established in the mid-1970s and quickly grew to dominate the south side. Wisconsin. Between June 1993 and February 1994, seven Latin Kings were murdered. The affidavit cited the presence in the attic of Rosado's residence of clothing in the Latin Kings' colors. at 7-10.) 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. He was showing his face publicly.". The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. She worries about the danger that Barragan presents as he remains on the run. This is comparable to Arizona v. Hicks,480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. 1962(d). See Lloyd, 71 F.3d at 1263. 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. 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. As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. The charges result from a continuing effort by the Attorney General's "Gangs, Guns and Drugs" initiative targeting violent street gangs . 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. He then requested and received permission to search "for people and other Latin King members or any other person who may have been wanted." 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 . It doesn't take a genius to figure out all these guys were involved.". 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. (Docket # 1027 [hereinafter "Recommendation"].) (Tr. Johnson v. United States,333 U.S. 10, 14, 68 S. Ct. 367, 92 L. Ed. I therefore do not discuss 1962(d) separately. [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. In 2005, 49 members of the gang and their associates were charged with homicide, attempted homicide, drug dealing, kidnapping, arson, witness intimidation and a string of other crimes dating to 1998. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. Officers initially made a consensual "protective sweep" to look for persons on the premises. Barragan is on the U.S. marshals' top fugitives list and has been featured on "America's Most Wanted." See Lloyd, 71 F.3d at 1263. He is looking into what happened. (Id. By September 2005, the state's prosecution of cases tied to the Trevino homicide was progressing. On March 22, 2005, a grand jury sitting in the Western . See Rubio, 727 F.2d at 792. Anyone with information about the whereabouts of Armando Barragan is urged to call the U.S. See id. The bare assertion that Latin King members often used firearms in crimes and stored them at their residences provides little detail. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams. Probable cause thus was not present, and the plain view exception does not apply. 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. 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." In late 2004, Barragan got out of jail while awaiting trial on the charge of aiding a felon for dumping Trevino's corpse, after posting a $3,000 bail. 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. On that basis, evidence of that person's association with the Latin Kings the Latin Kings-color clothing would help prove the associational element needed to secure a conviction under 1962(c). at 792. 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. 2d 723 (1971). [5] It is also a crime to conspire to violate 1962(c). 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. U.S. "If it was out there and they had the evidence, they should have brought it to me. GREENSBORO, NCThirteen alleged members of the Almighty Latin King and Queen Nation (Latin Kings) have been indicted by a federal grand jury in . See Lloyd, 71 F.3d at 1263. 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." Search salary and other information: www.jsonline.com/dataondemand, Got a story tip? 9.). If you leave one root, it will grow back stronger," she said. (emphasis added). 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). United States District Court, E.D. McGann v. Northeast Illinois Regional Commuter R.R. Nearly 200 schools and more than 1.200 teachers have participated in the . Id. It did not state whether the informants made first-hand observations, or whether law enforcement officials independently verified some or all of their claims about firearms. The affidavit next spent one and a half pages detailing various means and methods that Latin King members had allegedly used "to accomplish some of the objects and purposes of the Latin King enterprise." In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." "We were worried after the indictment that younger guys were going to be much more violent to establish themselves. The magistrate judge issued the requested search warrant. Thus, there was probable cause that someone whoever owned the clothing had violated 1962(c). 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. %PDF-1.3 Atty., Milwaukee, WI, for Plaintiff. 2d 472 (1988). "Associational" evidence therefore is needed to establish a RICO violation under 1962(c), and such evidence thus demonstrates one element of a crime. Lloyd, 71 F.3d at 1263 (emphasis added). Gates, 462 U.S. at 239, 103 S. Ct. 2317. Police said he had 49 kilograms of cocaine with a street value of $7.3 million. Under the plan, the FBI and Milwaukee police would become the lead law enforcement agencies investigating the Latin Kings. We arrested Armando Barragan, and he was charged for his role in the offense. See id. See Lloyd, 71 F.3d at 1263. Although not a RICO case, Huebner v. United States,731 F. Supp. Probable cause for arrest, without more, will not justify a search warrant. But the Hirschfield homicide showed the gang wasn't destroyed. See United States v. Harris,403 U.S. 573, 584, 91 S. Ct. 2075, 29 L. Ed. 'They needed to know who is with them and who they are at war with on any given day. 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."
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