latin king indictment milwaukee 2005

), The final half-page of the affidavit concluded that, based upon the above information, Special Agent Koenig had "probable cause to believe that the residence contains evidence of a RICO enterprise and other crimes." (Id. '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. They communicated with walkie-talkies, wore certain clothes to hide their identities and were always on the hunt for rivals, using gang-owned guns, Gonzales said. 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. Trevino and other Latin Kings accused each other of. The probable cause determination is based upon the totality of the circumstances. To be sure, an indictment does supply probable cause for an arrest warrant. 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. You're all set! Thank you for reading! 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. (Id. (Id. at 17.) It is unclear if detectives wrote up reports on the two earlier interviews, but typically reports are done for such interviews. See Lloyd, 71 F.3d at 1263. Sergeant Harpole conceded that the plastic box was not large enough to hide a person. The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. in Supp. [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. But Hirschfield remained in the middle of the melee. See Rubio, 727 F.2d at 795. You already receive all suggested Justia Opinion Summary Newsletters. Defendant Rosado seeks an order suppressing evidence seized during a June 22, 1998 search of his residence on Fourth and Fourteenth Amendment grounds. They allowed Marrero to follow them at a short distance. Following the outbreak of internal gang violence, Luis Felipe and 19 others were charged with murder and racketeering; the indictment process ended in 1995 with 39 Latin Kings and 1 Latin Queen indicted under the RICO Act. 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. *919 *920 *921 Karine, Moreno-Taxman, Asst. The trial was in recess Friday. See Leon, 468 U.S. at 914, 104 S. Ct. 3405 (citing Franks). We arrested Armando Barragan, and he was charged for his role in the offense. at 662. "We were worried after the indictment that younger guys were going to be much more violent to establish themselves. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. 3 (a) (b).) See id. A few months later, he agreed to plead guilty. It's unclear what the fight was about at the gas station that night in April 2003, but Toms landed the first punch, nailing Barragan in the face, according to the documents. The alleged means and methods used to advance the Latin King enterprise included murder of members of rival gangs; murder of suspected government informants; and arson against the person and properties of rival gangs and of potential witnesses against the Latin Kings. 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." 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. at 466, 91 S. Ct. 2022. "It is like pulling up a weed. "I am only aware of what I receive. 2d 960 (2000). 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. Belsha called for police backup, with instructions that the request not be broadcast over Milwaukee police radios, Gonzales said. The right of free association is impinged upon even by laws prohibiting gang membership plus certain kinds of conduct, for example, gang membership plus loitering. 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. v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). 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. 636(b) (1) (B). (Tr. 9.). In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. of 8/16/99 Evid. As Rosado observes, though, the issue "does not appear to have had an effect on the Magistrate's recommendation." "When I go back and look at that time, I see complete despair on the part of the family," said Milwaukee District Attorney John Chisholm, who was an assistant district attorney at the time. Thus, a mere inference of gang membership, without more, provides no basis for concluding that a search would uncover evidence of wrongdoing. 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. Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. 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. Atty., David Robles, Sp. Having posted bail earlier, Barragan walked free that day. Hirschfield saw a fight brewing in the gas station parking lot between Barragan and a man named Matthew Toms. See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. 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. "Is there any indication he is going to drop off the face of the Earth? The First Amendment protects individuals' right of free association. Probable cause for arrest, without more, will not justify a search warrant. Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. "It is amazing that they actually had him in court, knew he was involved in a murder and he got away.". In the confusion, Toms slipped away. [2] According to law enforcement *922 officials who investigated the Latin Kings, black and gold are the Latin Kings' "official colors.". In addition, the affidavit appears to have been calculated to mislead. 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. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. 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. The latter allegation, as we will see, helps establish probable cause for one element of RICO. [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. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. That charge brings a maximum of 18 months in prison. He may have married there, making him a Mexican citizen and harder to deport. See U.S. Const. See Jacobs v. City of Chicago, 215 F.3d 758, 768 n. 4 (7th Cir.2000). 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. Id. "I have no good explanation why that didn't happen.". Under Coolidge, three requirements must be satisfied before police may seize private possessions in plain view without consent. The very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. Gonzales, the federal prosecutor, said he would have been very suspicious of Barragan's account that he was a bystander. (Tr. (Aff. 2.) The Training Plan in Foreign Languages created 2.340 job positions during the 2016-2017 period. Jolly ended up with probation after many witnesses changed their stories. she said. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. Rosado filed timely objections, and the government filed a response. The magistrate judge's assessment of the informant's reliability should consider: (1) whether the informant made first-hand observations; (2) the degree of detail provided by the informant; (3) whether a law enforcement official independently verified some or all of the informant's information; and (4) whether the informant accompanied the officer to the probable cause hearing and is available to give testimony before the judge issuing the warrant. They asked Hirschfield's family for patience. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. Those state prosecutors did not return calls for comment. In the one report released by police, Barragan admitted he had earlier lied to detectives. See Coolidge v. New Hampshire,403 U.S. 443, 456, 91 S. Ct. 2022, 29 L. Ed. Id. 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. See Illinois v. Gates,462 U.S. 213, 238-39, 103 S. Ct. 2317, 76 L. Ed. Michael Lock, who ran a vicious and diversified criminal operation in Milwaukee, used his role as an informant to take out drug-dealing competitors and expand his illicit enterprises before he was ultimately brought down. Moving and opening the box was therefore unlawful. The magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." See 18 U.S.C. Corp., 8 F.3d 1174, 1180 (7th Cir.1993). Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. See United States v. Harris,403 U.S. 573, 584, 91 S. Ct. 2075, 29 L. Ed. Probable cause for a search exists when it is reasonably believed that the evidence sought will aid in the prosecution of a particular offense and the evidence is located in the place to be searched. 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. Lloyd, 71 F.3d at 1263 (emphasis added). In the seven years since, more than 1,100 drug dealers and gang members have been prosecuted in federal court in Milwaukee, following the playbook from the 2003 Latin Kings investigation, according to the U.S. attorney's office. The affidavit cited the presence in the attic of Rosado's residence of clothing in the Latin Kings' colors. Nonetheless, police may not insulate one officer's deliberate misstatement merely by relaying it through an officer-affiant personally ignorant of its falsity. 2d 782 (1967). Trevino, 23, was beaten, then shot in the leg, stabbed and ultimately strangled to death by fellow gang members, according to court records and police reports. He acknowledged that the plastic box could not hide a person. The affidavit stated that "during their search for people [law enforcement officers] found within plain view a black plastic gun case." McKinney, 919 F.2d at 415 (emphasis added). 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. of Def. 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. He believed this because his police-issue gun also came in a black plastic case about an inch longer and an inch wider, that is, 10 inches by 5 inches. The affidavit 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). (Tr. See Rubio, 727 F.2d at 792. Hrg. 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. 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. "At that point in time, information related to his whereabouts was good," he said. The affidavit accused the Latin Kings of being an association-in-fact enterprise under the RICO statute, 18 U.S.C. 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. Thus, Sergeant Harpole had "actual consent," Dichiarinte, 445 F.2d at 129, to search for people and nothing else. (Tr. (Aff. 2(i) 2(k); 3.) Ctr. The affidavit did not assert that Rosado had committed any of these categories of crime, that he had aided or abetted anyone else in doing so, or that his residence was in any way connected to them. See id., 438 U.S. at 164 n. 6, 98 S. Ct. 2674. Rubio, 727 F.2d at 793. 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. Probable cause thus was not present, and the plain view exception does not apply. 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. 2d 38 (1981). U.S. To be sure, these facts may be consistent with a gun case. See id. To satisfy 1962(c)'s "associated with an[] enterprise" requirement, the government must introduce "evidence that the various associates function as a continuing unit." Barragan's name surfaced in news accounts, a fact that indicated he too might soon face indictment. The five-count indictment unsealed Friday alleges Santo Lozoya, Hector Rojas, Jose Martinez and Pedro Navarro all said to be members of the Milwaukee Kings gang committed a combined three . to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. Latin Kings, who were essentially decapitated by a 33-member indictment in 1998 (just before the Gang Squad was disbanded). No one from the federal case was there to arrest Barragan. An investigation that started in 1987 resulted in charges against 33 members.. Within days of the killing, Milwaukee homicide detectives were rounding up gang members who were in the house when Trevino was killed. It doesn't take a genius to figure out all these guys were involved.". 5.) The warrantless search of the contents of the box thus may not be defended as consensual. See McKinney, 919 F.2d at 415. 'They would come up here and sell out their own mother if they have to.'. 3(a) (b).) (Aff. 6.) 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. 'They needed to know who is with them and who they are at war with on any given day. "This case has been significant with significant sentences handed down. Just a handful of the 33 people named in the indictments were still at large late Monday. (Id. Wisconsin. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. I agree that this issue is not material, and therefore do not address it. 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." No copy of the indictment was attached (despite its assertion to the contrary). As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. Gates, 462 U.S. at 239, 103 S. Ct. 2317. Gang membership is not a crime. Under the plan, the FBI and Milwaukee police would become the lead law enforcement agencies investigating the Latin Kings. On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. [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. We face a critical time for our security and international peace and stability. United States v. Roth, 201 F.3d 888, 892 (7th Cir.2000). Rosado contends that the protective sweep was nonconsensual, and further contends that the affidavit supporting the search warrant did not establish probable cause. in Supp. Information obtained during a first, unlawful, search may not affect a magistrate's decision to issue a warrant for a second search. The affidavit then spent half a page asserting in the passive voice that: (Id. 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). From January 1999 to August 1999, Spring made reg- The national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York. 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. Both men face up to life in prison if convicted. Tello and Hill were among forty-nine Milwaukee-area Latin Kings indicted in September 2005 on charges of racketeering, racketeering conspiracy, narcotics trafficking and conspiracy, and unlawful possession and distribution of firearms. Police released a single report based on the third time Barragan was interviewed. But the Hirschfield homicide showed the gang wasn't destroyed. Marrero refused. (Tr. 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. 1961(4). The third of these requirements is that the incriminating nature of the object seized must be "immediately apparent." 9), discussed below) that Rosado's residence had any link to the commission of crimes. Again, he escaped because of mistakes. Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. In the basement Sergeant Harpole observed, in plain view on a shelf, a black plastic box measuring approximately 4 inches by 8 inches by 1.5 or 2 inches. 2d 1503 (1958). In addition, there must be probable cause to believe that evidence of the particular criminal behavior has been secreted in specific premises. 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. An affidavit must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." 98-M-50. 6.) There is no evidence that any informants accompanied Special Agent Koenig to the probable cause hearing or were available to give testimony before the magistrate judge. 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)). <>stream 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. Id. The magistrate's determination must be neutral and detached. He picked up the box, which allowed him for the first time to see the word "Remington" on it. at 7-10.) The mere fact, or even allegation, of gang membership carries a strong taint of criminality. United States v. Markling, 7 F.3d 1309, 1316 (7th Cir.1993). 2 0 obj 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. Harris, 403 U.S. at 584, 91 S. Ct. 2075. The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. 2d 99 (1994) (Souter, J., concurring). 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. Although not a RICO case, Huebner v. United States,731 F. Supp. See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. Latin Kings Indictment Stuns Supporters. 22.) 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. See United States v. O'Neill,27 F. Supp. Three gang members complied, shooting Hirschfield at least a dozen times, according to federal court records. The box contained hundreds of .22 caliber bullets. See Lloyd, 71 F.3d at 1263. That gang member ultimately was convicted of killing Trevino. 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). 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. at 792. Because Gates was issued two months after Apker, the Apker court necessarily could not consider it. A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. 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 . 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, 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. 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. 2d 723 (1971). 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. "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." at 20.) No decision of the Seventh Circuit has cited Killip, and Rubio has been cited only on other topics. "It sounds like somebody was cooking a deal with him. As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." "This guy was killed three different ways in a torturous fashion. Barragan, 16 at the time of the homicide, was to be tried as an adult. 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. 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. 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. 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. Gonzales could not explain why he didn't receive such information. 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. of Objs. 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." 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.

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