At the evidentiary hearing, Sergeant Harpole and Marrero gave conflicting testimony about whether Marrero voluntarily consented to such a search. Rubio, 727 F.2d at 793. 3.) 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. Marrero refused. Nearly 200 schools and more than 1.200 teachers have participated in the . Barragan, 16 at the time of the homicide, was to be tried as an adult. That must have factored in how he was out of custody," Gonzales said. ), rev'd on rehr'g en banc, 199 F.3d 915 (7th Cir.1999). 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. Zier did not return calls for comment. 'You are going to hear from the worst of the worst,' she said. The Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . Those state prosecutors did not return calls for comment. 9), discussed below) that Rosado's residence had any link to the commission of crimes. The affidavit did not assert that Rosado had engaged in any of these activities, that he had aided or *923 abetted anyone else in doing so, or that his residence was in any way related to any of these activities. of Objs."].) He picked up the box, which allowed him for the first time to see the word "Remington" on it. He identified several people in the house but left out one, the report said. 5.) 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. 1971). 1961(4). The 26-year-old had spent the day before putting a new roof on his aunt's house. Known by his nickname "Mondie," the 23-year-old Spanish-speaking American citizen is believed to be living in Mexico. All five defendants also appeal their sentences. 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. You're all set! [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. 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. [5] It is also a crime to conspire to violate 1962(c). 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. The affidavit summarized many telling characteristics and common behaviors of narcotics traffickers, and indicated that incriminating evidence of narcotics crimes is often to be found in narcotics traffickers' residences. E-mail us at watchdog@jsonline.com. I must thus consider whether the fact of Rosado's indictment, standing alone, could supply probable cause for a search of his residence. See 28 U.S.C. See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. Isabel Natividad Daz Ayuso (Spanish pronunciation: [isael di.a auso]; born 17 October 1978) is a Spanish politician and journalist serving as the president of the Community of Madrid since 2019. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams. As the above discussion indicates, I decline to follow the Eighth Circuit's decision in United States v. Apker, 705 F.2d 293, 300-01 (8th Cir.1983). 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." Sergeant Harpole conceded that the plastic box was not large enough to hide a person. 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. No decision of the Seventh Circuit has cited Killip, and Rubio has been cited only on other topics. They allowed Marrero to follow them at a short distance. 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. Lloyd, 71 F.3d at 1263 (emphasis added). 2.) The facts of this case are not even close to cases in which the Seventh Circuit has found probable cause to believe that incriminating evidence found in plain view was present: shotgun shells found in a bank robbery case, see United States v. Bruce, 109 F.3d 323, 329 (7th Cir.1997); an empty ammunition box found in a search for drugs, see United States v. Cooper, 19 F.3d 1154, 1163 (7th Cir.1994); a large amount of money found in a defendant's car after a drug transaction, see United States v. Cervantes, 19 F.3d 1151, 1153 (7th Cir.1994); a gun silencer found while searching for drugs, see United States v. Carmany, 901 F.2d 76, 78 (7th Cir.1990); money and maps found in a bank robbery case, see United States v. Walton, 814 F.2d 376, 380 (7th Cir.1987). The affidavit accused the Latin Kings of being an association-in-fact enterprise under the RICO statute, 18 U.S.C. See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. x{i@W9y$ KX$%H 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. at 238, 103 S. Ct. 2317. Without more information, it is difficult to say what occurred after his court appearance.". In other words, there must be a nexus between the item to be seized and criminal behavior. Within the Milwaukee chapter of the gang, there were, at the time of the indictment, four subsets of the Latin Kings: the 19th Street Kings, the Sawyer Kings, the Wild Walker Kings, and the 23rd . ( Id. Barragan downplayed his role in the Trevino homicide, saying he was just in the house to witnesses the homicide but took no role - except to help wash the body in bleach, drive it to the north side and dump it. 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. United States of America, Plaintiff-appellee, v. Larry Olson, Also 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. The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. She said fellow members of the gang who will testify have a reason to lie. 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. You can explore additional available newsletters here. ?|i/mu9R)bG]yz1bp?\_^W.|. Even an officer's statement that officials have received reliable information from a credible person and believe that heroin is stored in a home is inadequate to establish probable cause. 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. U.S. It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." 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. At the same time, federal authorities were closing in on their targets. The Arab town, or medina, grew around the alcazar (castle) on a promontory overlooking the Manzanares River. Id.[6]. at 918-19, 104 S. Ct. 3405. v. Mendocino County, 192 F.3d 1283, 1295 (9th Cir.1999). <>stream See McNeese, 901 F.2d at 594. 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. See United States v. Harris,403 U.S. 573, 584, 91 S. Ct. 2075, 29 L. Ed. Susan Karaskiewicz, attorney for Anderson, said the government has no physical evidence tying her client to the shootings. See Gates, 462 U.S. at 236, 103 S. Ct. 2317. 1961(4). at 793. I know this will be very critical of us. at 466, 91 S. Ct. 2022. The charges result from a continuing effort by the Attorney General's "Gangs, Guns and Drugs" initiative targeting violent street gangs . 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 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 960 (2000). to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. Because the box was of these dimensions and was made of black plastic, Sergeant Harpole believed that it "might be potentially a gun case." A few months later, he agreed to plead guilty. Search salary and other information: www.jsonline.com/dataondemand, Got a story tip? 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 would have liked to have known about a lot of this stuff, but I can only work with the information that is provided to me.". See National Org. The affidavit was thus recklessly false. Barragan is on the U.S. marshals' top fugitives list and has been featured on "America's Most Wanted." See Case No. 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. See City of Chicago v. Morales,527 U.S. 41, 53, 119 S. Ct. 1849, 144 L. Ed. See id. Gonzales said he was never told about the Trevino murder, even though it happened right in the middle of the federal investigation into the Latin Kings. The Supreme Court applied Coolidge's requirement that an item's incriminating nature must be "immediately apparent" before it can be seized to mean that, absent a search warrant, an object in plain view may be moved, opened, or otherwise intruded upon only if there is probable cause. Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. Id. 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. Atty., David Robles, Sp. ", Milwaukee police spokeswoman Anne E. Schwartz said, "The Milwaukee Police Department successfully investigated a homicide and identified a suspect who was involved in the crime. 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. 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. We arrested Armando Barragan, and he was charged for his role in the offense. Adam Essling, Milwaukee, WI, for Defendants. U.S. The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. "I have no good explanation why that didn't happen.". Magistrate Judge Gorence held an evidentiary hearing on Rosado's motion to suppress on August 16, 1999, and issued a recommendation August 30, 1999. FBI spokesman Leonard Peace declined to comment, saying the Barragan case remains open. In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. 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. That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. at 326, 107 S. Ct. 1149. The testimony conflicts on whether Marrero was threatened with being taken into custody unless she authorized a protective sweep. Gonzales laid out the picture of a well-oiled outfit that operated under a hierarchy, met every week, collected dues, recruited from all races and demanded loyalty. To satisfy 1962(c)'s "associated with an[] enterprise" requirement, the government must introduce "evidence that the various associates function as a continuing unit." That charge brings a maximum of 18 months in prison. 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." "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. Thus, a mere inference of gang membership, without more, provides no basis for concluding that a search would uncover evidence of wrongdoing. Latin Kings leader fled amid confusion - Milwaukee Journal Sentinel The affidavit must "allege specific facts and circumstances from which the magistrate could reasonably conclude that the items sought to be seized are associated with the crime and located in the place indicated." It alleges that the following individuals were participants in a racketeering conspiracy that involved murder, attempted murder, aggravated battery, kidnapping, sex trafficking and narcotics . See also United States v. Ellsworth, 647 F.2d 957, 964 (9th Cir.1981) ("We find no authority for holding, and do not so hold here, that an indictment alone constitutes sufficient probable cause to issue a search warrant."). From January 1999 to August 1999, Spring made reg- State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. 2d 1503 (1958). See Rubio, 727 F.2d at 795. 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. Under Coolidge, three requirements must be satisfied before police may seize private possessions in plain view without consent. See Brouwer v. Raffensperger, Hughes & Co., 199 F.3d 961, 967 (7th Cir. 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. '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. Detectives and prosecutors went with Barragan's version, according to the criminal complaint. 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 . Federal and state law enforcement had another shot at Barragan a month later. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. [1] That indictment has since been superceded. Armando Barragan, an indicted Latin Kings leader, was not arrested nearly five years ago because of communication failures and a miscalculation by law enforcement. 98-M-50. United States v. Markling, 7 F.3d 1309, 1316 (7th Cir.1993). In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." It may be possible, though, that the magistrate judge was aware from other information that Rosado had been indicted on a criminal charge. 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. Between June 1993 and February 1994, seven Latin Kings were murdered. 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. Bilingual education | Madrid's community *919 *920 *921 Karine, Moreno-Taxman, Asst. GREENSBORO, NCThirteen alleged members of the Almighty Latin King and Queen Nation (Latin Kings) have been indicted by a federal grand jury in . Under RICO, it is a crime for a person (1) associated with an enterprise (legal or illegal) (2) to conduct or participate in the conduct of the enterprise's affairs, directly or indirectly, (3) through a pattern of racketeering activity. 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. 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. 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. Information about a group's reputation is legally insufficient to support probable cause that a member of that group is involved in criminal activities. 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). When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. "It sounds like somebody was cooking a deal with him. It thus misled the magistrate into believing that the plain view exception requirements were satisfied. See Coolidge v. New Hampshire,403 U.S. 443, 456, 91 S. Ct. 2022, 29 L. Ed. (Aff. 6.) 2d 564 (1971) (plurality opinion). 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). 9.). 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. This evidence properly allowed the inference that Rosado might be associated with or a member of the Latin Kings. 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. 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. Under the plan, the FBI and Milwaukee police would become the lead law enforcement agencies investigating the Latin Kings. 2d 67 (1999) (opinion of Stevens, J.). See United States v. O'Neill,27 F. Supp. The argument escalated. 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. Marshals Service, which specializes in fugitive apprehension. 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 question presented is thus when, if ever, someone's association with an enterprise whose affairs have been conducted through a pattern of racketeering activity provides probable cause to believe that the particular offense of a 1962(c) violation may have occurred, that is, that the person may have helped participate in conducting the affairs of the enterprise and have engaged in two or more predicate acts. The affidavit next spent one and a half pages detailing various means and methods that Latin King members had allegedly used "to accomplish some of the objects and purposes of the Latin King enterprise." See Franks v. Delaware, *927438 U.S. 154, 164 n. 6, 98 S. Ct. 2674, 57 L. Ed. 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. 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. He said that information could have come from the investigating agents, who worked for the FBI and Milwaukee police. ! See Lloyd, 71 F.3d at 1263. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. See Jacobs v. City of Chicago, 215 F.3d 758, 768 n. 4 (7th Cir.2000). Gonzales said he recently found a note in the warrant file written before the bust that indicated agents believed Barragan may have been behind bars on the day the roundup was to occur. 2d 667 (1978). See McKinney, 919 F.2d at 415. 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 . Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. The probable cause determination is based upon the totality of the circumstances. The Training Plan in Foreign Languages created 2.340 job positions during the 2016-2017 period. I therefore do not discuss 1962(d) separately. See Markling, 7 F.3d at 1316. "He knows what he is doing. 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. Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. 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. Giordenello, 357 U.S. at 486, 78 S. Ct. 1245. But the call did go out over open channels, Barragan and Sanchez were tipped off, and they ran, he said. See id. See United States v. Lloyd, 71 F.3d 1256, 1263 (7th Cir.1995). 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. 2d 1121, 1144 (E.D.Wis.1998) (Stadtmueller, C.J.). See Lloyd, 71 F.3d at 1263. (Id. Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. In the upper story, which was a partially converted attic, Sergeant Harpole and FBI Special Agent Zorka Marinovich observed a pile of clothing strewn about. Just a handful of the 33 people named in the indictments were still at large late Monday. "This guy was killed three different ways in a torturous fashion. TRENTON Attorney General Peter C. Harvey announced the indictment of six members of the notorious Latin Kings Street Gang on charges related to the 2004 attempted murder of a former gang member. On March 22, 2005, a grand jury sitting in the Western . 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. at 7-10.) Probable cause thus was not present, and the plain view exception does not apply. of Objs. I review the recommendation de novo. [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. (Aff. 2(i) 2(k); 3.) of Objs. 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. But for gang membership to be evidence of, say, a suspect's motive or reason for participating in an offense, there must be some independent evidence that the suspect committed the offense. The magistrate's determination must be neutral and detached. Id. %PDF-1.3 Gang Wars - Milwaukee Magazine 8. See Giordenello v. United States,357 U.S. 480, 485-86, 78 S. Ct. 1245, 2 L. Ed.
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