Attempted Murder Charges Filed Against 6 Members of Latin King Gang The affidavit then spent over two pages detailing the alleged organizational and management structure of the Latin Kings, providing such details as its having a written "manifesto"; protecting territory from rival gang members through violence and intimidation; marking its territory with graffiti; holding joint meetings called "Nation meetings"; having subchapters with specified leadership and membership levels such as Incas, Caciques, Enforcers, and "Junior Kings"; using violence; and punishing disobedient Latin Kings through beatings, robberies, or death. United States v. Markling, 7 F.3d 1309, 1316 (7th Cir.1993). Rosado first contends that the initial protective sweep was without consent or a warrant, and therefore violated the Fourth Amendment. Magistrate Judge Gorence held an evidentiary hearing on Rosado's motion to suppress on August 16, 1999, and issued a recommendation August 30, 1999. See id. Marshals Service, which specializes in fugitive apprehension. Known by his nickname "Mondie," the 23-year-old Spanish-speaking American citizen is believed to be living in Mexico. I find that an indictment does not constitute probable cause to issue a search warrant. 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 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. All five defendants also appeal their sentences. See id. Within days of the killing, Milwaukee homicide detectives were rounding up gang members who were in the house when Trevino was killed. PDF 2015 Wi 72 S Court of Wisconsin See Markling, 7 F.3d at 1316. They asked Hirschfield's family for patience. In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. x{i@W9y$ KX$%H 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. The affidavit was thus recklessly false. In other words, where an association is not in effect wholly illegitimate, a search warrant must be supported by some additional nexus between association with the organization and an alleged pattern of racketeering activity. The magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." 22.) That must have factored in how he was out of custody," Gonzales said. 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. Information about a group's reputation is legally insufficient to support probable cause that a member of that group is involved in criminal activities. The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. (Br. [3] The affidavit did not assert that Rosado had been indicted. But Barragan has not been seen here since. He picked up the box, which allowed him for the first time to see the word "Remington" on it. Rosado's Objs. They allowed Marrero to follow them at a short distance. Jolly ended up with probation after many witnesses changed their stories. The 26-year-old had spent the day before putting a new roof on his aunt's house. "I had no idea that he was awaiting sentence and entered that plea. 9), discussed below) that Rosado's residence had any link to the commission of crimes. FBI Thirteen Alleged Latin King Members Indicted on Federal 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." GREENSBORO, NCThirteen alleged members of the Almighty Latin King and Queen Nation (Latin Kings) have been indicted by a federal grand jury in . Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. The warrantless search of the contents of the box thus may not be defended as consensual. Thirty Four Alleged Gang Members Charged with Participating in Sergeant Harpole conceded that the plastic box was not large enough to hide a person. 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. 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. Sanchez was picked up later. in Supp. The Milwaukee branch was established in the mid-1970s and quickly grew to dominate the south side. The affidavit detailed many categories of crimes that law enforcement officers alleged that Latin King members had committed, and also alleged that many of these crimes were committed in furtherance of the Latin Kings enterprise itself. See National Org. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. 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. 1962(d). See Mendocino Envtl. 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 did not assert that Rosado had been indicted for any crime. State prosecutors would charge suspects to give federal prosecutors enough time to build a major racketeering case. 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. Thus, even though the presence of Latin Kings-color clothing in Rosado's attic might allow probable cause to believe that Rosado was a Latin King member, it would not, without more, allow the inference that Rosado had committed a crime. 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. In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." The affidavit recited that Latin King members had been indicted for many serious crimes. [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. 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. "That was not a great moment," Gonzales said. Even if such tainted information is presented to the magistrate, the search warrant is nonetheless valid "if the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause." On that basis, the inference from clothing to probable cause of a violation under 1962(d) of conspiracy to violate 1962(c) is no easier to make than the inference from clothing to probable cause of a violation of 1962(c). It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." To be sure, these facts may be consistent with a gun case. It was King love or no love.'. 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. See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. The mere fact, or even allegation, of gang membership carries a strong taint of criminality. 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. The three shooters eventually would be convicted in federal court, two of them getting life in prison. 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. 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." denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. (Aff. 2.) at 20.) 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. See Markling, 7 F.3d at 1316. "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. at 7-10.) 2d 54 (1975), which observed that under Calandra, 414 U.S. at 342-46, 94 S. Ct. 613, a magistrate must issue an arrest warrant without further inquiry upon the strength of a properly issued indictment. If you leave one root, it will grow back stronger," she said. 1971). Authorities in Milwaukee had the chance to arrest Barragan in court nearly five years ago, records show, but failed to nab him because of a lack of communication and a crucial miscalculation. I know this will be very critical of us. of Objs. 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. I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. In the Vallejo criminal complaint, Barragan was identified as the one who ordered the shooting. Depending on the circumstances, the murder may have become part of his case, he said. Feds begin another prosecution of Latin Kings - Milwaukee Journal Sentinel 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. Barragan was charged with aiding a felon - not the killing itself. See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. The charges result from a continuing effort by the Attorney General's "Gangs, Guns and Drugs" initiative targeting violent street gangs . They were going to build a big case using the Hirschfield homicide as a centerpiece. Rosado filed timely objections, and the government filed a response. "At that point in time, information related to his whereabouts was good," he said. v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). the milwaukee journal sentinel. Corp., 8 F.3d 1174, 1180 (7th Cir.1993). The probable cause determination is based upon the totality of the circumstances. Search salary and other information: www.jsonline.com/dataondemand, Got a story tip? Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. 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. (Id. United States v. Tello, Nos. 10-2677 - Federal Cases - Case Law - VLEX Nineteen Alleged Latin Kings Gang Members Indictedon Federal %PDF-1.3 The affidavit then spent half a page asserting in the passive voice that: (Id. The very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. See United States v. O'Neill,27 F. Supp. We, the Heads of State and Government of the North Atlantic Alliance, have gathered in Madrid as war has returned to the European continent. 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." Under the plan, the FBI and Milwaukee police would become the lead law enforcement agencies investigating the Latin Kings. 636(b) (1) (B). "They had him and actually let him go?" "the . Police released a single report based on the third time Barragan was interviewed. 2d 561 (1974). Hirschfield's sister, Amy Hirschfield, appreciates the effort that prosecutors and law enforcement made in getting justice for her family. 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. See 28 U.S.C. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. 2d 527 (1983). Latin Kings Indictment Stuns Supporters. See Lloyd, 71 F.3d at 1263. That charge brings a maximum of 18 months in prison. But the call did go out over open channels, Barragan and Sanchez were tipped off, and they ran, he said. 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. The Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . 2d 472 (1988). See Rubio, 727 F.2d at 793. Marrero refused. at 238, 103 S. Ct. 2317. 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. 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. 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. 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." 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. 2d 67 (1999) (opinion of Stevens, J.). [5] It is also a crime to conspire to violate 1962(c). 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. See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. 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. Court candidate Ed Fallone stood by Latino center's ex-gang leader In addition, there must be probable cause to believe that evidence of the particular criminal behavior has been secreted in specific premises. But Hirschfield remained in the middle of the melee. "I am only aware of what I receive. United States v. Roth, 201 F.3d 888, 892 (7th Cir.2000). Turkette, 452 U.S. at 583, 101 S. Ct. 2524. 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. 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. 1962(c). at 792. "If it was out there and they had the evidence, they should have brought it to me. Barragan was back in state court in early October to be sentenced on his guilty plea in the Trevino case. 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, See Murray, 487 U.S. at 542, 108 S. Ct. 2529; Markling, 7 F.3d at 1316. By contrast, a magistrate may not consider illegally gathered evidence in determining whether there is probable cause to support a search warrant. United States of America, Plaintiff-appellee, v. Larry Olson, Also 9.). See U.S. Const. [1] That indictment has since been superceded. 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. Barragan slipped away during the sweep, but law enforcement was still tracking him. at 486, 78 S. Ct. 1245. The problem with relying upon an indictment to supply probable cause for a search warrant is that it asks the magistrate to subordinate his or her own independent judgment to that of the grand jury, see United States v. Rubio, 727 F.2d 786, 795 (9th Cir.1983), and asks the magistrate merely to ratify the bare conclusions of others, rather than to form an independent judgement, in violation of Gates, 462 U.S. at 239, 103 S. Ct. 2317. 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." Sign up for our free summaries and get the latest delivered directly to you. Nonetheless, police may not insulate one officer's deliberate misstatement merely by relaying it through an officer-affiant personally ignorant of its falsity. The national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York. Murray v. United States,487 U.S. 533, 540, 108 S. Ct. 2529, 101 L. Ed. 4 Chicago gang members indicted on federal - Chicago Tribune That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. Otherwise we would have been there," Gonzales said. 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." That may have contributed to the confusion. ?|i/mu9R)bG]yz1bp?\_^W.|. In that case, the Tenth Circuit found that the affidavit provided probable cause to believe that the Outlaws Motorcycle Club was a RICO enterprise. United States v. Acosta, 110 F. Supp. 2d 918 (E.D. Wis. 2000) in Supp. (Id. Latin Kings leader fled amid confusion - Milwaukee Journal Sentinel You can explore additional available newsletters here. [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. 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. See Coolidge v. New Hampshire,403 U.S. 443, 456, 91 S. Ct. 2022, 29 L. Ed. Nos. This is comparable to Arizona v. Hicks,480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. (Tr. (Aff. 5.) Gonzales said he would have been particularly interested in what Barragan told Milwaukee police detectives after he agreed to plead guilty to aiding a felon for dumping Trevino's body. Anyone with information about the whereabouts of Armando Barragan is urged to call the U.S. 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. 2d 99 (1994) (Souter, J., concurring). See id. 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. See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. Authorities believe he is in Mexico, often moving to blend in and elude capture. By September 2005, the state's prosecution of cases tied to the Trevino homicide was progressing. '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. A month later, FBI special agent Doug Porrini and Milwaukee police detective John Belsha followed Barragan's wife to a hotel where Barragan and his cousin Joey Sanchez, also wanted in the federal case, were hiding, according to federal court documents. 2d 723 (1971). United States District Court, E.D. 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. In a proper case, evidence of gang membership may be admitted to show motive, a reason for participation, joint ownership of firearms, or a relationship between witnesses; for purposes of impeachment and showing bias; to explain parties' actions, to help the jury understand the dynamics at work in a given case; and to support conspiracy or joint venture theories.
