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. ", 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. It is unclear if that information was shared with those investigating Trevino's murder. For this reason, RICO charges under 1962(c) implicate First Amendment interests. MILWAUKEE- Forty-nine members of a street gang known as the Almighty Latin King Nation were indicted Wednesday on federal racketeering charges for crimes that include four murders, 38 attempted murders and widespread drug trafficking. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. In the United States Court of Appeals "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. The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. 2d 38 (1981). See Markling, 7 F.3d at 1316. Thirty Four Alleged Gang Members Charged with Participating in [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. 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. How The Latin Kings Started In Milwaukee - Otosection See Lloyd, 71 F.3d at 1263. No decision of the Seventh Circuit has cited Killip, and Rubio has been cited only on other topics. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. Id. The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. You can explore additional available newsletters here. 1971). See United States v. McNeese, 901 F.2d 585, 594 (7th Cir.1990). 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. District of Wisconsin returned an eight-count indictment . Barragan is on the U.S. marshals' top fugitives list and has been featured on "America's Most Wanted." Id. 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. 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. 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. PDF 2015 Wi 72 S Court of Wisconsin the milwaukee journal sentinel. He acknowledged that the plastic box could not hide a person. (Id. 4 Chicago gang members indicted on federal - Chicago Tribune 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. [3] The original, signed and sealed affidavit is in the court's file, and no indictment is attached to it; no copy of the indictment is loose in the file; and the docket does not reflect that a copy of the indictment was filed. Latin Kings leader fled amid confusion - Milwaukee Journal Sentinel amend. 3(a) (b).) The magistrate judge issued the requested search warrant. But the Hirschfield homicide showed the gang wasn't destroyed. Middle District of North Carolina (336) 333-5351. 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. Rosado filed timely objections, and the government filed a response. "This case has been significant with significant sentences handed down. [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. Officers initially made a consensual "protective sweep" to look for persons on the premises. See Leon, 468 U.S. at 914, 104 S. Ct. 3405 (citing Franks). [4] Rosado also objects to Judge Gorence's implicit finding that Sergeant Harpole believed, based upon his training and experience, that more members of the Latin Kings might be inside Rosado's residence because both Rosado and Natanael Matos were arrested immediately outside the residence. See McNeese, 901 F.2d at 594. "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.". Susan Karaskiewicz, attorney for Anderson, said the government has no physical evidence tying her client to the shootings. 436 (1948). Asst. (Tr. Latin Kings (gang) - Wikipedia "It sounds like somebody was cooking a deal with him. 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 Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . 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. As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. 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. Thank you for reading! 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. to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. 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. I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. All five defendants also appeal their sentences. The Arab town, or medina, grew around the alcazar (castle) on a promontory overlooking the Manzanares River. 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. See Gates, 462 U.S. at 236, 103 S. Ct. 2317. Under Coolidge, three requirements must be satisfied before police may seize private possessions in plain view without consent. "At that point in time, information related to his whereabouts was good," he said. "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. 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. 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." [1] That indictment has since been superceded. "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." On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. 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. They were going to build a big case using the Hirschfield homicide as a centerpiece. 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." Many agreed to plead guilty and are expected to testify in the trial of Alan Anderson and Martin Martinez, which is expected to last two weeks. See Franks, 438 U.S. at 155-56, 98 S. Ct. 2674. An investigation that started in 1987 resulted in charges against 33 members.. v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). [5] It is also a crime to conspire to violate 1962(c). 1961(4). 636(b) (1) (B). 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. United States v. Acosta, 110 F. Supp. 2d 918 (E.D. Wis. 2000) Wisconsin. ?|i/mu9R)bG]yz1bp?\_^W.|. (Aff. 2(i) 2(k); 3.) milwaukee police target latin kings gang. There was no hint in that hearing that federal prosecutors were closing in, according to the transcript and Barragan's attorney, Mark Lipscomb. Count 3 alleged drug offenses, and was the only count with which Rosado was charged. 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. As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." Drug arrests, gang activity at Hayward - news-shield.com See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. Thus, there was probable cause that someone whoever owned the clothing had violated 1962(c). Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. Nearly 200 schools and more than 1.200 teachers have participated in the . 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. Gates, 462 U.S. at 239, 103 S. Ct. 2317 (emphasis added). U.S. See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. See id. United States v. Tello, Nos. 10-2677 - Federal Cases - Case Law - VLEX The three shooters eventually would be convicted in federal court, two of them getting life in prison. 8. FBI spokesman Leonard Peace declined to comment, saying the Barragan case remains open. Vallejo v. United States, No. 14-2818 (7th Cir. 2015) :: Justia Without more information, it is difficult to say what occurred after his court appearance.". 2d 667 (1978). of Objs."].) It doesn't take a genius to figure out all these guys were involved.". Madrid - History | Britannica To be sure, these facts may be consistent with a gun case. 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. 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. 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. 2d 472 (1988). State prosecutors would charge suspects to give federal prosecutors enough time to build a major racketeering case. The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. A few months later, he agreed to plead guilty. at 20.) The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. She worries about the danger that Barragan presents as he remains on the run. at 792. One of them was Barragan, who was already under federal investigation in the Hirschfield homicide, attempted murder, drug dealing and robbery. 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. Id.[6]. But another gang member said Barragan had a hand in the killing, directing a subordinate to put a garbage bag over Trevino's head before he was killed. Sign up for our free summaries and get the latest delivered directly to you. 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. See id. Nos. That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. The affidavit stated that "during their search for people [law enforcement officers] found within plain view a black plastic gun case." 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. 2d 1503 (1958). 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. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. See Lloyd, 71 F.3d at 1263. 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. The warrantless search of the contents of the box thus may not be defended as consensual. (Tr. 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 Rubio, 727 F.2d at 795. 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. That month, Timothy Vallejo, one of the people who shot Hirschfield at the gas station, was charged in federal court. 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." He accordingly contends that the government may not justify the search warrant by pointing to RICO. 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. 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. "I have no good explanation why that didn't happen.". See id. He is looking into what happened. Magistrate Judge Gorence held an evidentiary hearing on Rosado's motion to suppress on August 16, 1999, and issued a recommendation August 30, 1999. The mere fact, or even allegation, of gang membership carries a strong taint of criminality. See United States v. O'Neill,27 F. Supp. 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. Rosado contends that the protective sweep was nonconsensual, and further contends that the affidavit supporting the search warrant did not establish probable cause. 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. at 918-19, 104 S. Ct. 3405. 2d 525 (1978) (quoting LaFave, "Search and Seizure: `The Course of True Law Has Not Run Smooth,'" U. Ill. L.F. (1966) 255, 260-61 (footnotes omitted)). Between June 1993 and February 1994, seven Latin Kings were murdered. See United States v. Butler, 71 F.3d 243, 251 (7th Cir.1995); United States v. Rodriguez, 925 F.2d 1049, 1053-54 (7th Cir. 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. Trevino and other Latin Kings accused each other of. 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. PDF In the United States Court of Appeals 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. 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. 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. Thus, Sergeant Harpole had "actual consent," Dichiarinte, 445 F.2d at 129, to search for people and nothing else. See Franks v. Delaware, *927438 U.S. 154, 164 n. 6, 98 S. Ct. 2674, 57 L. Ed. Lloyd, 71 F.3d at 1263 (emphasis added). she said. Jolly ended up with probation after many witnesses changed their stories. Turkette, 452 U.S. at 583, 101 S. Ct. 2524. 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. CHICAGO Two federal indictments unsealed in Chicago today charged 34 members of the Latin Kings street gang with participating in a criminal organization that assaults and attempts to murder its rivals and violently protects its territories in the city and suburbs. 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, McKinney, 919 F.2d at 415 (emphasis added). See Rubio, 727 F.2d at 795. Rosado raised all of these arguments, most of them verbatim, in his motion before Judge Gorence. Authorities believe he is in Mexico, often moving to blend in and elude capture. There was an obvious reason for omitting these facts; had they been provided, the magistrate judge would have realized that the information was tainted.
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