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. See United States v. O'Neill,27 F. Supp. In the one report released by police, Barragan admitted he had earlier lied to detectives. Latin Kings (gang) - Wikipedia denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. The affidavit then spent half a page asserting in the passive voice that: (Id. (Tr. United States of America, Plaintiff-appellee, v. Larry Olson, Also See Coolidge v. New Hampshire,403 U.S. 443, 456, 91 S. Ct. 2022, 29 L. Ed. 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). 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. 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." They were going to build a big case using the Hirschfield homicide as a centerpiece. 'You are going to hear from the worst of the worst,' she said. 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."). 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. 2d 1503 (1958). Four of the defendants were sentenced to life imprisonment and one received a prison term of 262 months. See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. "This guy was killed three different ways in a torturous fashion. He then opened it. They allowed Marrero to follow them at a short distance. 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. The national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York. The latter allegation, as we will see, helps establish probable cause for one element of RICO. He picked up the box, which allowed him for the first time to see the word "Remington" on it. The indictment was sealed as authorities prepared for a major arrest sweep. If you leave one root, it will grow back stronger," she said. In the seven years since, more than 1,100 drug dealers and gang members have been prosecuted in federal court in Milwaukee, following the playbook from the 2003 Latin Kings investigation, according to the U.S. attorney's office. 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. "I am only aware of what I receive. at 35.) 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. I am not an independent investigative agency," he said. 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. 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. at 793. In other words, there must be a nexus between the item to be seized and criminal behavior. As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. at 918-19, 104 S. Ct. 3405. E-mail us at watchdog@jsonline.com. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. "Maybe somebody thought he would be taken into custody at the (state court) sentencing," said Gonzales, who looked at the file after the Journal Sentinel spoke with him about the case. All five defendants also appeal their sentences. 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. 2d 67 (1999) (opinion of Stevens, J.). In 1997, six years earlier, a decade-long investigation led to the indictment of 33 Latin Kings. x{i@W9y$ KX$%H It must provide "a substantial basis for concluding that a search would uncover evidence of wrongdoing." It is unclear if detectives wrote up reports on the two earlier interviews, but typically reports are done for such interviews. "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. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. In the United States Court of Appeals She worries about the danger that Barragan presents as he remains on the run. Asst. 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." Gang member gets life sentence in Good Samaritan killing The affidavit recited that Latin King members had been indicted for many serious crimes. 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. You're all set! Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. The very next day after his appearance, a warrant for Barragan's arrest was signed in federal court, according to records. 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. Id. Atty., David Robles, Sp. We will take a look at this and see what we can do better in the future.". 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. 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. 33 Latin Kings' members indicted - journaltimes.com As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." Accordingly, this portion of the affidavit provided the magistrate judge with no basis to believe that evidence of violent crimes or firearms would be found at Rosado's residence. But the Hirschfield homicide showed the gang wasn't destroyed. 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. 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." As Rosado observes, though, the issue "does not appear to have had an effect on the Magistrate's recommendation." Thank you for reading! 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, 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." Rosado objects to the first and third recommendation.[4]. The three shooters eventually would be convicted in federal court, two of them getting life in prison. ! Moving and opening the box was therefore unlawful. "I have no good explanation why that didn't happen.". Milwaukee gang raid nets 49 on charges in murders, drugs - Police1 (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. "At that point in time, information related to his whereabouts was good," he said. Trevino and other Latin Kings accused each other of talking to police, according to police reports. Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams. As in the gas station homicide, Barragan was in the middle of this homicide, according to state and federal court documents. 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. We just don't want any other family to have to deal with what we did.". The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. 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. 2d 723 (1964)). The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. "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. 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). The magistrate's determination must be neutral and detached. (Aff. 7.) The Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . Corp., 8 F.3d 1174, 1180 (7th Cir.1993). at 16 [hereinafter "Tr."]) You already receive all suggested Justia Opinion Summary Newsletters. to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. I therefore do not discuss 1962(d) separately. See Zurcher v. Stanford Daily,436 U.S. 547, 556 n. 6, 98 S. Ct. 1970, 56 L. Ed. The Seventh Circuit has not addressed this question. 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 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. 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. in Supp. There was no hint in that hearing that federal prosecutors were closing in, according to the transcript and Barragan's attorney, Mark Lipscomb. 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. [6] Killip's reasoning is repeated verbatim in United States v. Gruber,994 F. Supp. Wisconsin. 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 Case No. [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. Nos. Depending on the circumstances, the murder may have become part of his case, he said. 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. 436 (1948). PDF In the United States Court of Appeals But the affidavit did not give the magistrate judge any facts from which he could draw the inferences and form the conclusions necessary to a determination of probable cause. in Supp. 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. Again, he escaped because of mistakes. They asked Hirschfield's family for patience. Tello and Hill were among forty-nine Milwaukee-area Latin Kings indicted in September 2005 on charges of racketeering, racketeering conspiracy, narcotics trafficking and conspiracy, and unlawful possession and distribution of firearms. "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." (Id. 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. 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. U.S. Accuses 33 Of Running Latin King Reign Of Terror

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