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). Detectives and prosecutors went with Barragan's version, according to the criminal complaint. 2d 723 (1964)). 3.) milwaukee police target latin kings gang. By September 2005, the state's prosecution of cases tied to the Trevino homicide was progressing. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). 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. of Objs. The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. (Aff. 2.) 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)). The Training Plan in Foreign Languages created 2.340 job positions during the 2016-2017 period. 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. [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. 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. See Rubio, 727 F.2d at 793. These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. This is comparable to Arizona v. Hicks,480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. She said fellow members of the gang who will testify have a reason to lie. Lloyd, 71 F.3d at 1263 (emphasis added). (Id. United States v. Markling, 7 F.3d 1309, 1316 (7th Cir.1993). v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. 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. Zier did not return calls for comment. Lloyd, 71 F.3d at 1263 (emphasis added). (Tr. Those state prosecutors did not return calls for comment. See Leon, 468 U.S. at 914, 104 S. Ct. 3405 (citing Franks). After his arrest in the Trevino homicide, Barragan talked to Milwaukee police detectives at least three times in late September 2004, according to police reports obtained by the Journal Sentinel through the state open records law. 3 (a) (b).) 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. Id. 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. for Women, Inc. v. Scheidler,510 U.S. 249, 264, 114 S. Ct. 798, 127 L. Ed. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. (emphasis added). 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. See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. "This guy was killed three different ways in a torturous fashion. Harris, 403 U.S. at 584, 91 S. Ct. 2075. 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. Marrero refused. In coming days, swarms of law enforcement officers descended on the city's south side, arresting all but a couple of targets. The indictment was sealed as authorities prepared for a major arrest sweep. jan 31, 2008. by john dobberstein. 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. See id. The state prosecutor asked to delay the sentencing so Barragan could testify against fellow gang members in that killing as part of a plea bargain. U.S. Barragan was cooperating with state authorities about a homicide while federal authorities were investigating him for a racketeering case. Thus, Sergeant Harpole had "actual consent," Dichiarinte, 445 F.2d at 129, to search for people and nothing else. Having independently reviewed the relevant portions of the transcript of the evidentiary hearing, I adopt Judge Gorence's legal analysis and recommended findings that Marrero was not threatened and did give voluntary consent for a limited protective search. (Aff. 5.) at 236, 103 S. Ct. 2317. (`TnUZ7NmZ.m{mvvtL;Ip{_y{=l g>e9xkN};3 e' no pR_z2@`H^1e= C sw.I)Q P;m6k3v%*FEM= '`pAmQG+J\?A{~#zbX.#Ef}$C!`0 'E:!4AKHI$f$4Qc4L&)ebJ4FMkMLM763hzsL~gmvsku^)*,VoaH^?S}'i >e=S?&MkH 0^*R7^_k3Of[c;.^^g. 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. District of Wisconsin returned an eight-count indictment . That may have contributed to the confusion. 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. A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. [5] It is also a crime to conspire to violate 1962(c). 436 (1948). See Markling, 7 F.3d at 1316. "I have no good explanation why that didn't happen.". The warrantless search of the contents of the box thus may not be defended as consensual. (Tr. Rosado's Objs. The affidavit was thus recklessly false. Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. If the government has evidence of criminal activity to present to the grand jury, there is nothing to prevent it from disclosing such evidence to the magistrate judge so that he or she can exercise independent judgment. In addition, Anderson faces drug and gun charges. <>stream You already receive all suggested Justia Opinion Summary Newsletters. ), cert. Again, he escaped because of mistakes. (Tr. "When this (homicide) broke, this was the one that galvanized everyone, that we needed to do something now, we needed to identify (those responsible) and hold them accountable.". 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." Probable cause for arrest, without more, will not justify a search warrant. 'They would come up here and sell out their own mother if they have to.'. As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." Ctr. 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. 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. It doesn't take a genius to figure out all these guys were involved.". At the evidentiary hearing, Sergeant Harpole and Marrero gave conflicting testimony about whether Marrero voluntarily consented to such a search. It alleges that the following individuals were participants in a racketeering conspiracy that involved murder, attempted murder, aggravated battery, kidnapping, sex trafficking and narcotics . He then opened it. 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. 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. amend. But the call did go out over open channels, Barragan and Sanchez were tipped off, and they ran, he said. Like a good Samaritan, Hirschfield stepped in to break up the fight, not knowing he was dealing with gang members, according to the documents. I therefore next consider whether the black and gold clothing, indicating a possible association with a RICO-accused enterprise, could provide "probable cause for believing the occurrence of a crime and the secreting of evidence in specific premises," Harris, 403 U.S. at 584, 91 S. Ct. 2075, and thereby justify a search warrant. As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. But the Hirschfield homicide showed the gang wasn't destroyed. The affidavit next spent half a page specifying various categories of crimes that "Latin King members" had allegedly committed, and asserted that the Latin Kings were an association-in-fact enterprise under the RICO statute, 18 U.S.C. 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. See 28 U.S.C. See Franks, 438 U.S. at 155-56, 98 S. Ct. 2674. See Calandra, 414 U.S. at 351-52, 94 S. Ct. 613. x{i@W9y$ KX$%H 1441, 1443 (D.Ariz.1990), applied Rubio's reasoning and found that the search warrant there was valid, because the affidavit established probable cause that the suspect for whose residence the warrant was sought had committed particular offenses. Guarnero was one of the 49 individuals indicted. Sanchez was picked up later. 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. I. He may have married there, making him a Mexican citizen and harder to deport. 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. 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. Under Coolidge, three requirements must be satisfied before police may seize private possessions in plain view without consent. Id. 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. See United States v. O'Neill,27 F. Supp. The box was heavy, which led him to think that it likely contained a gun. Hrg. the milwaukee journal sentinel. No copy of the indictment was attached (despite its assertion to the contrary). 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. ?|i/mu9R)bG]yz1bp?\_^W.|. It was King love or no love.'. "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. 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. "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. 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. See Coolidge v. New Hampshire,403 U.S. 443, 456, 91 S. Ct. 2022, 29 L. Ed. 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. Officers seeking to rely on an informant's statements have an obligation to confirm the statements before seeking a search warrant, see Jacobs, 215 F.3d at 768 n. 4, but there is no evidence that officers made any attempt to confirm the assertions here. In addition, the affidavit appears to have been calculated to mislead. 1971). It is unclear if detectives wrote up reports on the two earlier interviews, but typically reports are done for such interviews. In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. Trevino and other Latin Kings accused each other of. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams. Latin Kings, who were essentially decapitated by a 33-member indictment in 1998 (just before the Gang Squad was disbanded). 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. 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. "Is there any indication he is going to drop off the face of the Earth? NOW THEREFORE, IT IS HEREBY ORDERED that the magistrate judge's recommendation (Docket # 1027) is *934 ADOPTED, and that defendant Rosado's motion (docket # 785) is DENIED. 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. %PDF-1.3 Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. He acknowledged that the plastic box could not hide a person. Barragan, 16 at the time of the homicide, was to be tried as an adult. 9), discussed below) that Rosado's residence had any link to the commission of crimes. Rosado objects that the totality of the evidence indicates Marrero's consent was not freely given for these reasons: She was told that she would be taken into custody if she did not consent; she observed Rosado, her live-in boyfriend and the father of her children, being arrested; at least two officers present at the scene were wearing "raid" gear; she was asked twice for permission to search the house for persons; she did not give written consent for a search; she was not informed that she had the right to refuse a search; she was nervous and had never been in a similar situation; and she had her two young children at home with her. Without more information, it is difficult to say what occurred after his court appearance.". See United States v. Lloyd, 71 F.3d 1256, 1263 (7th Cir.1995). See City of Chicago v. Morales,527 U.S. 41, 53, 119 S. Ct. 1849, 144 L. Ed. Marshals Service in Milwaukee, (414) 297-3707. shooting Hirschfield at least a dozen times, That charge brings a maximum of 18 months in prison, a vicious and diversified criminal operation in Milwaukee. 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. Id. 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. Rosado first contends that the initial protective sweep was without consent or a warrant, and therefore violated the Fourth Amendment. 22.) See Rubio, 727 F.2d at 792. When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. See Lloyd, 71 F.3d at 1263. [6] Killip's reasoning is repeated verbatim in United States v. Gruber,994 F. Supp. Get free summaries of new Eastern District of Wisconsin US Federal District Court opinions delivered to your inbox! I therefore do not discuss 1962(d) separately. 3(a) (b).) "It sounds like somebody was cooking a deal with him. 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." at 466, 91 S. Ct. 2022. [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. to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. Jolly ended up with probation after many witnesses changed their stories. Indeed, if police conduct a search in good faith pursuant to a facially valid warrant, the resulting evidence may not be suppressed due to an absence of probable cause supporting the warrant. She worries about the danger that Barragan presents as he remains on the run. The Latin King indictment charges 17 members and associates with a criminal conspiracy that spanned a time period from 2003 until November 2015. (Compare Br. No one from the federal case was there to arrest Barragan. Information obtained during a first, unlawful, search may not affect a 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. 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." 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. All five defendants also appeal their sentences. 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. I also adopt Judge Gorence's finding that Sergeant Harpole exceeded the scope of Marrero's consent when he opened the black plastic box. 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. See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. Defendant Rosado seeks an order suppressing evidence seized during a June 22, 1998 search of his residence on Fourth and Fourteenth Amendment grounds. Count 3 alleged drug offenses, and was the only count with which Rosado was charged. at 22.) 1961(4). Atty., Milwaukee, WI, for Plaintiff. 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. 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. Gang membership is not a crime. of Objs. See Lloyd, 71 F.3d at 1263. Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. 2d 677 (1984). If you leave one root, it will grow back stronger," she said. Trevino's body was stripped naked, washed in bleach, driven to the near north side and dumped in an alley, according to the police reports. See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. Where the affidavit relies upon one or more informants, the magistrate judge must undertake "a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant's tip." 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 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. A few days later, the FBI turned the case of hunting down the pair over to the U.S. 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. '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. There was an obvious reason for omitting these facts; had they been provided, the magistrate judge would have realized that the information was tainted. [1] That indictment has since been superceded. He picked up the box, which allowed him for the first time to see the word "Remington" on it. The magistrate's determination must be neutral and detached. See Jacobs v. City of Chicago, 215 F.3d 758, 768 n. 4 (7th Cir.2000). Anyone with information about the whereabouts of Armando Barragan is urged to call the U.S. Id.[6]. The 26-year-old had spent the day before putting a new roof on his aunt's house. The affidavit then spent half a page asserting in the passive voice that: (Id. However, the principal holding of Calandra itself *929 was that a grand jury may issue an indictment based in part or in whole upon evidence that was illegally gathered. A few months later, he agreed to plead guilty. That month, Timothy Vallejo, one of the people who shot Hirschfield at the gas station, was charged in federal court. Nos. 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 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. 2d 67 (1999) (opinion of Stevens, J.). Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. The affidavit accused the Latin Kings of being an association-in-fact enterprise under the RICO statute, 18 U.S.C. We will take a look at this and see what we can do better in the future.". Adam Essling, Milwaukee, WI, for Defendants. A federal grand jury in Greenbelt, Md., has indicted 19 alleged members of the Almighty Latin King and Queen Nation (Latin Kings) for conspiracy to participate in a racketeering enterprise. 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. 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. Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." He then requested and received permission to search "for people and other Latin King members or any other person who may have been wanted." As Rosado observes, though, the issue "does not appear to have had an effect on the Magistrate's recommendation." Information about a group's reputation is legally insufficient to support probable cause that a member of that group is involved in criminal activities. Other recent cases where defendants eluded justice because of failures in the system: LZ Jolly, a purported gang leader, was charged in the execution of a man and was on the run for years. The magistrate "must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause." United States District Court, E.D. See Lloyd, 71 F.3d at 1263. denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. Susan Karaskiewicz, attorney for Anderson, said the government has no physical evidence tying her client to the shootings.

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