among forty-nine Milwaukee-area Latin Kings indicted Case: 10-2677 Document: 56 Filed: 07/18/2012 Pages: 32 . The affidavit cited the presence in the attic of Rosado's residence of clothing in the Latin Kings' colors. I first consider whether evidence of gang membership, standing alone, is sufficient to create probable cause; and then whether evidence of association with a RICOaccused *931 enterprise, standing alone, is sufficient. Nonetheless, police may not insulate one officer's deliberate misstatement merely by relaying it through an officer-affiant personally ignorant of its falsity. 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. I know this will be very critical of us. Jolly ended up with probation after many witnesses changed their stories. You're all set! 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. United States v. Roth, 201 F.3d 888, 892 (7th Cir.2000). 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. "This guy was killed three different ways in a torturous fashion. A search warrant may issue only on a finding of probable cause. 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. 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." 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." McGann v. Northeast Illinois Regional Commuter R.R. But the call did go out over open channels, Barragan and Sanchez were tipped off, and they ran, he said. Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. Trevino and other Latin Kings accused each other of talking to police, according to police reports. See Rubio, 727 F.2d at 793. The Training Plan in Foreign Languages created 2.340 job positions during the 2016-2017 period. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. Nonetheless, the affidavit did not even assert, much less give the magistrate judge reason to form an independent judgment, that Rosado had committed crimes; had aided or abetted others in committing crimes; or (with the exception of asserting that a search was likely to find evidence of RICO violations (id. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. See United States v. O'Neill,27 F. Supp. "If it was out there and they had the evidence, they should have brought it to me. Lloyd, 71 F.3d at 1263 (emphasis added). In addition, there must be probable cause to believe that evidence of the particular criminal behavior has been secreted in specific premises. 4.) (Id. 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. The mere fact, or even allegation, of gang membership carries a strong taint of criminality. Id. The next week, Barragan showed up in state court in Milwaukee to be sentenced for dumping the corpse from a different gang-related killing. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. Police said he had 49 kilograms of cocaine with a street value of $7.3 million. Latin Kings, who were essentially decapitated by a 33-member indictment in 1998 (just before the Gang Squad was disbanded). The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. 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 very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. at 20.) I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. 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. 3 (a) (b).) I agree that this issue is not material, and therefore do not address it. See 18 U.S.C. See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. The affidavit then spent half a page asserting in the passive voice that: (Id. In late September 2005, Barragan was secretly indicted by a federal grand jury in Milwaukee for the Hirschfield homicide and other crimes as part of a sprawling case against Latin Kings in Milwaukee. U.S. 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 government therefore contends that Sergeant Harpole had probable cause to lift and open the box, based upon his later testimony that he thought the box "might he potentially a gun case.". See United States v. Calandra,414 U.S. 338, 342-46, 94 S. Ct. 613, 38 L. Ed. As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." See id. 2d 564 (1971) (plurality opinion). 2d 960 (2000). "This case has been significant with significant sentences handed down. in Supp. (Aff. 6.) Assistant District Attorney Warren Zier appeared for the state and asked for a delay. I therefore do not discuss 1962(d) separately. 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). Id. (emphasis added). Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. That gang member ultimately was convicted of killing Trevino. [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. 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. Gates, 462 U.S. at 239, 103 S. Ct. 2317. Atty., David Robles, Sp. He identified several people in the house but left out one, the report said. Because Gates was issued two months after Apker, the Apker court necessarily could not consider it. v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). It doesn't take a genius to figure out all these guys were involved.". To be sure, an indictment does supply probable cause for an arrest warrant. State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. 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 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. Trevino and other Latin Kings accused each other of. He is looking into what happened. Sanchez was picked up later. 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. of Objs. "I had no idea that he was awaiting sentence and entered that plea. 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. According to the Supreme Court, an officer with sufficient probable cause to obtain a search warrant is "foolish" not to get a search warrant, because he risks suppression of all evidence; the government must assume the "onerous burden of convincing a trial court that no information gained from the illegal [search] affected either the law enforcement officers' decision to seek a warrant or the magistrate's decision to grant it." The box contained hundreds of .22 caliber bullets. (Aff. 7.) [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. 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. 2d 67 (1999) (opinion of Stevens, J.). A few months later, he agreed to plead guilty. 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 . 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. See Calandra, 414 U.S. at 351-52, 94 S. Ct. 613. 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. See McKinney, 919 F.2d at 415. Marrero refused. 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. No one from the federal case was there to arrest Barragan. "the . Id. "That was not a great moment," Gonzales said. The bare assertion that Latin King members often used firearms in crimes and stored them at their residences provides little detail. 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. See Lloyd, 71 F.3d at 1263. 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. 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. 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. We, the Heads of State and Government of the North Atlantic Alliance, have gathered in Madrid as war has returned to the European continent. [3] The affidavit did not assert that Rosado had been indicted. 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. 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. 2d 1121, 1144 (E.D.Wis.1998) (Stadtmueller, C.J.). See Mendocino Envtl. 436 (1948). [6] Killip's reasoning is repeated verbatim in United States v. Gruber,994 F. Supp. 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. 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. The state opened a secret John Doe proceeding to develop those charges, officials said. (Id. The magistrate's determination must be neutral and detached. See Lloyd, 71 F.3d at 1263. An affidavit must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." [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. Barragan was charged with aiding a felon - not the killing itself. 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. in Supp. As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. 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. The box was heavy, which led him to think that it likely contained a gun. See Markling, 7 F.3d at 1316. Count 3 alleged drug offenses, and was the only count with which Rosado was charged. 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. 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. She said fellow members of the gang who will testify have a reason to lie. [5] It is also a crime to conspire to violate 1962(c). 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. at 236, 103 S. Ct. 2317. 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 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. [7] Another court in this district declined to apply Rubio in an Outlaws Motorcycle Club case, but only on the ground that the search warrant in that case was protected by the Leon good-faith exception. Id. Id. Barragan, 16 at the time of the homicide, was to be tried as an adult. 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.
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