See Leon, 468 U.S. at 914, 104 S. Ct. 3405 (citing Franks). The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. The charges result from a continuing effort by the Attorney General's "Gangs, Guns and Drugs" initiative targeting violent street gangs . See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. But the call did go out over open channels, Barragan and Sanchez were tipped off, and they ran, he said. [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. That gang member ultimately was convicted of killing Trevino. at 17.) See Murray, 487 U.S. at 542, 108 S. Ct. 2529; Markling, 7 F.3d at 1316. See Gates, 462 U.S. at 236, 103 S. Ct. 2317. 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. 2 0 obj ?|i/mu9R)bG]yz1bp?\_^W.|. A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. The affidavit asserted that it was believed that a "Latin King Manifesto," a Latin King book of rules and laws, membership lists, telephone numbers, dues lists, and legal papers useful for intimidating witnesses would be found in Rosado's residence. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. 1962(c). 2d 677 (1984). 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. Rosado contends that the protective sweep was nonconsensual, and further contends that the affidavit supporting the search warrant did not establish probable cause. The affidavit detailed many categories of crimes that law enforcement officers alleged that Latin King members had committed, and also alleged that many of these crimes were committed in furtherance of the Latin Kings enterprise itself. (Aff. 2, 2(i).) at 7-10.) 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. Sanchez was picked up later. During the four-year investigation, law enforcement developed evidence that the Latin Kings trafficked drugs, conspired to murder more than 10 victims, and committed violent crimes including numerous incidents of robbery, shootings, stabbings and witness intimidation. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. See McNeese, 901 F.2d at 594. Atty., Milwaukee, WI, for Plaintiff. 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. See United States v. O'Neill,27 F. Supp. 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. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. 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. It doesn't take a genius to figure out all these guys were involved.". See Rubio, 727 F.2d at 792. Rubio, 727 F.2d at 793. (Id. That charge brings a maximum of 18 months in prison. 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). 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. It may be possible, though, that the magistrate judge was aware from other information that Rosado had been indicted on a criminal charge. Those state prosecutors did not return calls for comment. among forty-nine Milwaukee-area Latin Kings indicted Case: 10-2677 Document: 56 Filed: 07/18/2012 Pages: 32 . [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. In the one report released by police, Barragan admitted he had earlier lied to detectives. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. Barragan, 16 at the time of the homicide, was to be tried as an adult. Both men face up to life in prison if convicted. (Aff. 6.) Reliability is based upon the informant's veracity and basis of knowledge. 'They needed to know who is with them and who they are at war with on any given day. [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. 2d 782 (1967). Trevino and other Latin Kings accused each other of. Corp., 8 F.3d 1174, 1180 (7th Cir.1993). 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 national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York. Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." See Lloyd, 71 F.3d at 1263. Rosado objects to the first and third recommendation.[4]. All five defendants also appeal their sentences. 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. Asst. 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. %PDF-1.3 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). Id. See Rubio, 727 F.2d at 795. 4.) in Supp. It is unclear if detectives wrote up reports on the two earlier interviews, but typically reports are done for such interviews. The Arab town, or medina, grew around the alcazar (castle) on a promontory overlooking the Manzanares River. On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. You can explore additional available newsletters here. The affidavit asserted that unnamed informants claimed that Latin King members often used firearms to commit violent crimes and stored them at their residences. "If it was out there and they had the evidence, they should have brought it to me. Id. 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, Marrero refused. 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." See id. (Tr. 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. From January 1999 to August 1999, Spring made reg- Between June 1993 and February 1994, seven Latin Kings were murdered. Guarnero was one of the 49 individuals indicted. Gates, 462 U.S. at 234, 103 S. Ct. 2317. No copy of the indictment was attached (despite its assertion to the contrary). 9), discussed below) that Rosado's residence had any link to the commission of crimes. Barragan's name surfaced in news accounts, a fact that indicated he too might soon face indictment. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. An affidavit must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. 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. FBI spokesman Leonard Peace declined to comment, saying the Barragan case remains open. 2(a) (h), (j) (k).) 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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 . 3.) See United States v. Harris,403 U.S. 573, 584, 91 S. Ct. 2075, 29 L. Ed. 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. (Id. 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." Id. 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. U.S. The affidavit recited that Latin King members had been indicted for many serious crimes. 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 are going to hear from the worst of the worst,' she said. There was an obvious reason for omitting these facts; had they been provided, the magistrate judge would have realized that the information was tainted. We just don't want any other family to have to deal with what we did.". In other words, where an association is not in effect wholly illegitimate, a search warrant must be supported by some additional nexus between association with the organization and an alleged pattern of racketeering activity. Omitted facts exhibit deliberate falsehood or a reckless disregard for the truth if the affiant has an obvious reason for the omission. "the . 2d 564 (1971) (plurality opinion). (Id. 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. 8. See Brouwer v. Raffensperger, Hughes & Co., 199 F.3d 961, 967 (7th Cir. 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. 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 latter allegation, as we will see, helps establish probable cause for one element of RICO. 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. That must have factored in how he was out of custody," Gonzales said. 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). But Barragan has not been seen here since. Because the box was of these dimensions and was made of black plastic, Sergeant Harpole believed that it "might be potentially a gun case." The mere fact, or even allegation, of gang membership carries a strong taint of criminality. In that case, the Tenth Circuit found that the affidavit provided probable cause to believe that the Outlaws Motorcycle Club was a RICO enterprise. ( Id. See Case No. 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." The mere assertion that the Latin Kings is a criminal gang would not convert Rosado's membership in the Latin Kings, even if true, into probable cause to believe that Rosado was guilty of any particular offense, much less probable cause to believe that evidence of a particular offense would be at his residence. Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. See Lloyd, 71 F.3d at 1263. As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. 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. 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. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams.
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