The bare assertion that Latin King members often used firearms in crimes and stored them at their residences provides little detail. Officers seeking to rely on an informant's statements have an obligation to confirm the statements before seeking a search warrant, see Jacobs, 215 F.3d at 768 n. 4, but there is no evidence that officers made any attempt to confirm the assertions here. Rosado objects to the first and third recommendation.[4]. 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. No copy of the indictment was attached (despite its assertion to the contrary). State legislators considered beefing up the law last year at the request of prosecutors, but the bill failed to pass. Police released a single report based on the third time Barragan was interviewed. 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). 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. The third of these requirements is that the incriminating nature of the object seized must be "immediately apparent." As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. The probable cause determination is based upon the totality of the circumstances. 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. Count One of the indictment alleged that Hill . 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. "When this (homicide) broke, this was the one that galvanized everyone, that we needed to do something now, we needed to identify (those responsible) and hold them accountable.". Both are charged with racketeering. 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. 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. See Gardner v. Barnett, 175 F.3d 580, 589 (7th Cir. %PDF-1.3 "That was not a great moment," Gonzales said. In coming days, swarms of law enforcement officers descended on the city's south side, arresting all but a couple of targets. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. Trevino and other Latin Kings accused each other of. Believing that he had consent, Sergeant Harpole and other officers entered the residence to conduct the "protective sweep." [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. 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. Like a good Samaritan, Hirschfield stepped in to break up the fight, not knowing he was dealing with gang members, according to the documents. 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." The magistrate's determination must be neutral and detached. Latin Kings leader fled amid confusion - Milwaukee Journal Sentinel 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." at 22.) The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. 2d 561 (1974). Gang member gets life sentence in Good Samaritan killing As discussed above, the magistrate must have probable cause to believe that a search warrant will "aid in the prosecution of a particular offense." The affidavit asserted that unnamed informants claimed that Latin King members often used firearms to commit violent crimes and stored them at their residences. [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. 1961(4). 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. at 20.) of Objs. 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. 98-M-50. 10-2677 & 10-2933 3 in September 2005 on charges of racketeering, racke-teering conspiracy, narcotics trafficking and conspiracy, and unlawful possession and distribution of firearms. (Id. Gonzales, the federal prosecutor, said he would have been very suspicious of Barragan's account that he was a bystander. 9), discussed below) that Rosado's residence had any link to the commission of crimes. After his arrest in the Trevino homicide, Barragan talked to Milwaukee police detectives at least three times in late September 2004, according to police reports obtained by the Journal Sentinel through the state open records law. 1961(4). On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. The argument escalated. They asked Hirschfield's family for patience. 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. Having posted bail earlier, Barragan walked free that day. The affidavit stated nothing about the informants' reliability, veracity, or basis for knowledge. The Christian king Alfonso VI of Castile and Len captured the town from the Muslims in 1083, and thereafter a . The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants. See U.S. Const. (Br. Gonzales, a federal prosecutor for 18 years, said he has never had a defendant elude justice for as long as Barragan has. We face a critical time for our security and international peace and stability. 2d 1121, 1144 (E.D.Wis.1998) (Stadtmueller, C.J.). at 16 [hereinafter "Tr."]) Robles, Gonzales' partner, said arresting Barragan early could have tipped off other targets. (Tr. There was no hint in that hearing that federal prosecutors were closing in, according to the transcript and Barragan's attorney, Mark Lipscomb. See United States v. Lloyd, 71 F.3d 1256, 1263 (7th Cir.1995). (Id. In that case, the Tenth Circuit found that the affidavit provided probable cause to believe that the Outlaws Motorcycle Club was a RICO enterprise. 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. 2 0 obj "It is like pulling up a weed. Thus, there was probable cause that someone whoever owned the clothing had violated 1962(c). 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. 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.
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