Armando Barragan, an indicted Latin Kings leader, was not arrested nearly five years ago because of communication failures and a miscalculation by law enforcement. The state opened a secret John Doe proceeding to develop those charges, officials said. 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. 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. The affidavit did not assert that Rosado had engaged in any of the behaviors common to drug and narcotics traffickers; that he had aided or abetted anyone else in such behaviors; or that his residence had any of the characteristics common to drug traffickers' homes. See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. "This guy was killed three different ways in a torturous fashion. "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." Rubio, 727 F.2d at 793. 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. Lloyd, 71 F.3d at 1263 (emphasis added). An investigation that started in 1987 resulted in charges against 33 members.. She worries about the danger that Barragan presents as he remains on the run. 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)). GREENSBORO, NCThirteen alleged members of the Almighty Latin King and Queen Nation (Latin Kings) have been indicted by a federal grand jury in . But Barragan has not been seen here since. *919 *920 *921 Karine, Moreno-Taxman, Asst. A few months later, he agreed to plead guilty. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). at 793. 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. Those state prosecutors did not return calls for comment. 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. 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. Sergeant Harpole then requested permission to "limit my search and check just for the safety of our officers for people and any potentially other [sic] Latin King members who were named as in [sic] arrest warrants or any other person who may have been wanted." Probable cause thus was not present, and the plain view exception does not apply. 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 . 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. Ctr. As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." [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 Gates, 462 U.S. at 239, 103 S. Ct. 2317 (quoting Aguilar v. Texas,378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. He was convicted and sentenced to 78 months. The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. 2d 67 (1999) (opinion of Stevens, J.). 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. Trevino and other Latin Kings accused each other of talking to police, according to police reports. In coming days, swarms of law enforcement officers descended on the city's south side, arresting all but a couple of targets. You already receive all suggested Justia Opinion Summary Newsletters. 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 box was heavy, which led him to think that it likely contained a gun. (Br. Drug arrests, gang activity at Hayward - news-shield.com See Leon, 468 U.S. at 914, 104 S. Ct. 3405 (citing Franks). (Id. Under Coolidge, three requirements must be satisfied before police may seize private possessions in plain view without consent. "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." The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. 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. It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." 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. Id. 2(a) (h), (j) (k).) Count One of the indictment alleged that Hill . at 662. Id. Indeed, this entire paragraph of the affidavit appears to be a non sequitur; it is unconnected to anything else in the affidavit, and nothing at all ties it to Rosado or his residence. 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." In the United States Court of Appeals They asked Hirschfield's family for patience. [3] The affidavit did not assert that Rosado had been indicted. But Hirschfield remained in the middle of the melee. "At that point in time, information related to his whereabouts was good," he said. 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. That's exactly what happened," says Gary Graika, an anti-gang program director at the Latino Community Center. (Id. When these conditions are satisfied, great deference is to be accorded to the magistrate judge's determination that probable cause exists. District of Wisconsin returned an eight-count indictment . in Supp. Marrero refused. 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. See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. 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. These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. of Def. 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." Authorities believe he is in Mexico, often moving to blend in and elude capture. A "pattern of racketeering activity" is defined as two or more enumerated predicate crimes. We just don't want any other family to have to deal with what we did.". 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. The Milwaukee branch was established in the mid-1970s and quickly grew to dominate the south side. Madrid Summit Declaration issued by NATO Heads of State and Government Rosado's Objs. 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. At the same time, federal authorities were closing in on their targets. Barragan's name surfaced in news accounts, a fact that indicated he too might soon face indictment. Turkette, 452 U.S. at 583, 101 S. Ct. 2524. 2d 723 (1964)). 6.) Id. 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). at 238, 103 S. Ct. 2317. See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. 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. 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. [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. The Latin King indictment charges 17 members and associates with a criminal conspiracy that spanned a time period from 2003 until November 2015. (Recommendation at 4.) See U.S. Const. Sign up for our free summaries and get the latest delivered directly to you. Sergeant Harpole conceded that the plastic box was not large enough to hide a person. The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. Feds begin another prosecution of Latin Kings - Milwaukee Journal Sentinel See City of Chicago v. Morales,527 U.S. 41, 53, 119 S. Ct. 1849, 144 L. Ed. You're all set! See Warden v. Hayden,387 U.S. 294, 306-07, 87 S. Ct. 1642, 18 L. Ed. The affidavit made no assertion that Rosado had any involvement or participation in any of these activities; that he had aided or abetted anyone else in them; or that his residence was in any way related to any of these activities. Barragan was cooperating with state authorities about a homicide while federal authorities were investigating him for a racketeering case. 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 Jacobs v. City of Chicago, 215 F.3d 758, 768 n. 4 (7th Cir.2000). I agree that this issue is not material, and therefore do not address it. 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. He tried to kill rival gang members the previous year, according to those documents. 1961(1), (5).[5]. 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. Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. See id. 9.). The affidavit in this case, in contrast to that in Rubio, provided extensive information regarding the alleged criminal activities of the organization, as well as detailed information about the organization's reliance upon criminal acts to further its purposes. Barragan was charged with aiding a felon - not the killing itself. "Associational" evidence therefore is needed to establish a RICO violation under 1962(c), and such evidence thus demonstrates one element of a crime. 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. Within days of the killing, Milwaukee homicide detectives were rounding up gang members who were in the house when Trevino was killed. 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." United States District Court, E.D. I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. See id., 438 U.S. at 164 n. 6, 98 S. Ct. 2674. In this case, Sergeant Harpole asked Marrero for, and was denied, "full consent to search her residence for people or evidence of any crimes." That charge brings a maximum of 18 months in prison. The affidavit recited that Latin King members had been indicted for many serious crimes. 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. "We were worried after the indictment that younger guys were going to be much more violent to establish themselves. Fontanez was arrested in April 2005 in Las Vegas during a traffic stop. It doesn't take a genius to figure out all these guys were involved.". They allowed Marrero to follow them at a short distance. at 35.) 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."). Atty., Milwaukee, WI, for Plaintiff. The Seventh Circuit has not addressed this question. Latin King and Two Six Nation Gangs Indicted - United States Department The mere fact, or even allegation, of gang membership carries a strong taint of criminality. 2d 677 (1984). 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. 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. 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. Milwaukee Kings indictment : court filing - Archive E-mail us at watchdog@jsonline.com. (Aff. 6.) An affidavit must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." 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. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. See Rubio, 727 F.2d at 795. See id. See Coolidge v. New Hampshire,403 U.S. 443, 456, 91 S. Ct. 2022, 29 L. Ed. In the one report released by police, Barragan admitted he had earlier lied to detectives. 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. That must have factored in how he was out of custody," Gonzales said. (Id. 2d 561 (1974). 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. In that case, the Tenth Circuit found that the affidavit provided probable cause to believe that the Outlaws Motorcycle Club was a RICO enterprise. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. At the evidentiary hearing, Sergeant Harpole and Marrero gave conflicting testimony about whether Marrero voluntarily consented to such a search. "If it was out there and they had the evidence, they should have brought it to me. jan 31, 2008. by john dobberstein. Meanwhile, federal authorities had convened a grand jury to develop the federal case. 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. 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. McGann v. Northeast Illinois Regional Commuter R.R. I know this will be very critical of us. The Arab town, or medina, grew around the alcazar (castle) on a promontory overlooking the Manzanares River. 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. 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. There is no requirement that, before the government may apply for a search warrant, it must already have sufficient evidence to yield an indictment against a given suspect, much less that a grand jury must have completed its deliberations and issued an indictment. See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. Hirschfield's sister, Amy Hirschfield, appreciates the effort that prosecutors and law enforcement made in getting justice for her family. 2d 54 (1975), which observed that under Calandra, 414 U.S. at 342-46, 94 S. Ct. 613, a magistrate must issue an arrest warrant without further inquiry upon the strength of a properly issued indictment. 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.

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