Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. 436 (1948). 'They would come up here and sell out their own mother if they have to.'. Barragan, 16 at the time of the homicide, was to be tried as an adult. Even if such tainted information is presented to the magistrate, the search warrant is nonetheless valid "if the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause." As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. She said fellow members of the gang who will testify have a reason to lie. (Tr. Murray v. United States,487 U.S. 533, 540, 108 S. Ct. 2529, 101 L. Ed. No one from the federal case was there to arrest Barragan. 2d 564 (1971) (plurality opinion). From January 1999 to August 1999, Spring made reg- 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. 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. Barragan mistook Hirschfield for the man who hit him and ordered subordinate Latin Kings to shoot him, according to the court records. at 7-10.) 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. To protect RICO suspects' right to freedom of association, search warrants issued on the strength of suspected 1962(c) violations must be narrowly drawn. Id.[6]. 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." (Tr. 636(b) (1) (B). That gang member ultimately was convicted of killing Trevino. 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. The Arab town, or medina, grew around the alcazar (castle) on a promontory overlooking the Manzanares River. 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." See United States v. Leon,468 U.S. 897, 914, 104 S. Ct. 3405, 82 L. Ed. "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. The affidavit did not state who believed that these items would be located within Rosado's residence, and it did not state why it was believed that these items would be located there. Johnson v. United States,333 U.S. 10, 14, 68 S. Ct. 367, 92 L. Ed. Sergeant Harpole then returned the box to the shelf. The next week, Barragan showed up in state court in Milwaukee to be sentenced for dumping the corpse from a different gang-related killing. "At that point in time, information related to his whereabouts was good," he said. I am not an independent investigative agency," he said. 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. Rosado objects to the first and third recommendation.[4]. See Franks v. Delaware, *927438 U.S. 154, 164 n. 6, 98 S. Ct. 2674, 57 L. Ed. I must assess whether the untainted information supporting the warrant, considered alone, is sufficient to establish probable cause. [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 Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. 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. Approximately 20 to 30 garments were black and gold in color; many of these garments were related to sports teams. [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. Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." 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. Nos. 3 (a) (b).) 22.) Barragan was charged with aiding a felon - not the killing itself. 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). To satisfy 1962(c)'s "associated with an[] enterprise" requirement, the government must introduce "evidence that the various associates function as a continuing unit." He acknowledged that the plastic box could not hide a person. of Objs. See Case No. "I had no idea that he was awaiting sentence and entered that plea. He picked up the box, which allowed him for the first time to see the word "Remington" on it. Id. The affidavit cited the presence in the attic of Rosado's residence of clothing in the Latin Kings' colors. Police said he had 49 kilograms of cocaine with a street value of $7.3 million. They allowed Marrero to follow them at a short distance. 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. in Supp. The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. for Women, Inc. v. Scheidler,510 U.S. 249, 264, 114 S. Ct. 798, 127 L. Ed. (Aff. 2(i) 2(k); 3.) Within days of the killing, Milwaukee homicide detectives were rounding up gang members who were in the house when Trevino was killed. The magistrate judge issued the requested search warrant. [6] Killip's reasoning is repeated verbatim in United States v. Gruber,994 F. Supp. The affidavit was thus recklessly false. For this reason, RICO charges under 1962(c) implicate First Amendment interests. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. Guarnero was one of the 49 individuals indicted. 98-M-50. See Lloyd, 71 F.3d at 1263. She worries about the danger that Barragan presents as he remains on the run. [3] The affidavit did not assert that Rosado had been indicted. 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. (Tr. 2 0 obj "We were worried after the indictment that younger guys were going to be much more violent to establish themselves. The affidavit accused the Latin Kings of being an association-in-fact enterprise under the RICO statute, 18 U.S.C. But Barragan has not been seen here since. He then opened it. 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. 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. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. 2d 1503 (1958). [1] Count 1 of the indictment alleged a Latin Kings RICO enterprise. at 662. Both men face up to life in prison if convicted. This then satisfies the first prong of Lloyd, that there must be a particular offense and that the evidence sought must be linked to it. You can explore additional available newsletters here. 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. Id. ), cert. the milwaukee journal sentinel. 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." [5] It is also a crime to conspire to violate 1962(c). Judge Gorence recommended that I find that the initial protective sweep was consensual; that Sergeant Harpole's picking up and opening the black plastic case in the basement exceeded the scope of consent; but that the search warrant was nonetheless based upon probable cause. But Hirschfield remained in the middle of the melee. They asked Hirschfield's family for patience. We just don't want any other family to have to deal with what we did.". See Warden v. Hayden,387 U.S. 294, 306-07, 87 S. Ct. 1642, 18 L. Ed. [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. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. By contrast, a magistrate may not consider illegally gathered evidence in determining whether there is probable cause to support a search warrant. at 792. <>stream 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. Officers initially made a consensual "protective sweep" to look for persons on the premises. 2d 246 (1981). 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. State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. "This guy was killed three different ways in a torturous fashion. "It is amazing that they actually had him in court, knew he was involved in a murder and he got away.". The Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . Authorities revved up to take on the Latin Kings. 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. See Markling, 7 F.3d at 1316. 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. Count One of the indictment alleged that Hill . It would take years to complete the case, as agents sifted through more than 100 criminal acts that could qualify under the federal racketeering statute, including shootings, robberies, drug dealing and extortion. Because the box was of these dimensions and was made of black plastic, Sergeant Harpole believed that it "might be potentially a gun case." After Rosado's arrest, Sergeant Manfred Harpole of the Milwaukee Police Department asked Rosado's live-in girlfriend (now wife) Marilyn Marrero, for "full consent to search her residence for people or evidence of any crimes." 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 Lloyd, 71 F.3d at 1263. Just a handful of the 33 people named in the indictments were still at large late Monday. This site is protected by reCAPTCHA and the Google, Eastern District of Wisconsin US Federal District Court. amend. U.S. In the Vallejo criminal complaint, Barragan was identified as the one who ordered the shooting. The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. He was convicted and sentenced to 78 months. at 466, 91 S. Ct. 2022. See Rubio, 727 F.2d at 792. See United States v. Butler, 71 F.3d 243, 251 (7th Cir.1995); United States v. Rodriguez, 925 F.2d 1049, 1053-54 (7th Cir. I review the recommendation de novo. See McNeese, 901 F.2d at 594. 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. 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. 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." "When I go back and look at that time, I see complete despair on the part of the family," said Milwaukee District Attorney John Chisholm, who was an assistant district attorney at the time. in Supp. she said. They were going to build a big case using the Hirschfield homicide as a centerpiece. Certain members of the Milwaukee Police Department and district attorney's office were aware of Barragan's alleged role as a leader in the Latin Kings and Hirschfield's homicide. Zier did not return calls for comment. 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. 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. Again, he escaped because of mistakes. Nonetheless, police may not insulate one officer's deliberate misstatement merely by relaying it through an officer-affiant personally ignorant of its falsity. 2d 677 (1984). It did not state whether the informants made first-hand observations, or whether law enforcement officials independently verified some or all of their claims about firearms. (`TnUZ7NmZ.m{mvvtL;Ip{_y{=l g>e9xkN};3 e' no pR_z2@`H^1e= C sw.I)Q P;m6k3v%*FEM= '`pAmQG+J\?A{~#zbX.#Ef}$C!`0 'E:!4AKHI$f$4Qc4L&)ebJ4FMkMLM763hzsL~gmvsku^)*,VoaH^?S}'i >e=S?&MkH 0^*R7^_k3Of[c;.^^g. The warrantless search of the contents of the box thus may not be defended as consensual.
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