on October 21, 2023
Federal and state law enforcement had another shot at Barragan a month later. Under RICO, it is a crime for a person (1) associated with an enterprise (legal or illegal) (2) to conduct or participate in the conduct of the enterprise's affairs, directly or indirectly, (3) through a pattern of racketeering activity. 2d 960 (2000). (Recommendation at 4.) In that case, the Tenth Circuit found that the affidavit provided probable cause to believe that the Outlaws Motorcycle Club was a RICO enterprise. A few days later, the FBI turned the case of hunting down the pair over to the U.S. Michael Lock, who ran a vicious and diversified criminal operation in Milwaukee, used his role as an informant to take out drug-dealing competitors and expand his illicit enterprises before he was ultimately brought down. It doesn't take a genius to figure out all these guys were involved.". They allowed Marrero to follow them at a short distance. 436 (1948). 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. Id. Gates, 462 U.S. at 239, 103 S. Ct. 2317. For this reason, RICO charges under 1962(c) implicate First Amendment interests. Assistant District Attorney Warren Zier appeared for the state and asked for a delay. at 16 [hereinafter "Tr."]) 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. 2d 67 (1999) (opinion of Stevens, J.). 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. See Franks, 438 U.S. at 155-56, 98 S. Ct. 2674. Bilingual education | Madrid's community 1997); United States v. Josefik, 753 F.2d 585, 588 (7th Cir.1985). (Tr. By contrast, a magistrate may not consider illegally gathered evidence in determining whether there is probable cause to support a search warrant. 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. 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. See id. See Rubio, 727 F.2d at 792. Atty., David Robles, Sp. I know this will be very critical of us. 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. 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." % 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. 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. Because Barragan was regularly showing up in court as part of his plea agreement, Robles said, the agents had confidence he would be at his home when the bust occurred. 2d 347 (1987), where an officer suspected that expensive stereo components that looked out of place in a squalid apartment might have been stolen, and moved them so that he could read their serial numbers. It was King love or no love.'. 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). Rosado filed timely objections, and the government filed a response. The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. It accordingly found that the affidavit supplied "the missing element in Rubio, probable cause to believe that the evidence sought is connected with a violation of the RICO statute." 1962(c). The affidavit stated that "during their search for people [law enforcement officers] found within plain view a black plastic gun case." at 918-19, 104 S. Ct. 3405. Lloyd, 71 F.3d at 1263 (emphasis added). she said. Rubio, 727 F.2d at 793. [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. "I am only aware of what I receive. See Rubio, 727 F.2d at 793. 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. At the same time, federal authorities were closing in on their targets. 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. On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. District of Wisconsin returned an eight-count indictment . See Rubio, 727 F.2d at 795. 1961(1), (5).[5]. United States v. Acosta, 110 F. Supp. 2d 918 (E.D. Wis. 2000) See id. Lloyd's second prong, requiring probable cause to believe that the evidence would be found in the place to be searched, see id., is easily satisfied by the affidavit's statement that officers observed the Latin Kings-color clothing in the attic of the residence. Trevino and other Latin Kings accused each other of. But for gang membership to be evidence of, say, a suspect's motive or reason for participating in an offense, there must be some independent evidence that the suspect committed the offense. Rubio is the leading case, and provides the rule that "[i]f such a large portion of the subject organization's activities are illegitimate so that the enterprise could be considered, in effect, wholly illegitimate, then there would certainly be cause to believe that evidence of a suspect's association with that enterprise would aid in a RICO conviction." 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. Id. 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 month, Timothy Vallejo, one of the people who shot Hirschfield at the gas station, was charged in federal court. Those state prosecutors did not return calls for comment. Moving and opening the box was therefore unlawful. Harris, 403 U.S. at 584, 91 S. Ct. 2075. (Id. In addition, Anderson faces drug and gun charges. The next week, Barragan showed up in state court in Milwaukee to be sentenced for dumping the corpse from a different gang-related killing. 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 first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. One of them was Barragan, who was already under federal investigation in the Hirschfield homicide, attempted murder, drug dealing and robbery. 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." (Id. 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. in Supp. 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). The argument escalated. 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. 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. in Supp. 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). Latin Kings leader fled amid confusion - Milwaukee Journal Sentinel "Associational" evidence therefore is needed to establish a RICO violation under 1962(c), and such evidence thus demonstrates one element of a crime. Between June 1993 and February 1994, seven Latin Kings were murdered. I am not an independent investigative agency," he said. In the confusion, Toms slipped away. According to the Supreme Court, an officer with sufficient probable cause to obtain a search warrant is "foolish" not to get a search warrant, because he risks suppression of all evidence; the government must assume the "onerous burden of convincing a trial court that no information gained from the illegal [search] affected either the law enforcement officers' decision to seek a warrant or the magistrate's decision to grant it." Like Barragan, Jolly was charged with aiding a felon, in a case also involving a killing. The Seventh Circuit has not addressed this question. They were going to build a big case using the Hirschfield homicide as a centerpiece. Lloyd, 71 F.3d at 1263 (emphasis added). (Aff. 2, 2(i).) at 238, 103 S. Ct. 2317. 5.) Madrid - History | Britannica An investigation that started in 1987 resulted in charges against 33 members.. 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. "At that point in time, information related to his whereabouts was good," he said. The indictment was sealed as authorities prepared for a major arrest sweep. (Tr. 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. 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. Belsha called for police backup, with instructions that the request not be broadcast over Milwaukee police radios, Gonzales said. at 792. She worries about the danger that Barragan presents as he remains on the run. Reliability is based upon the informant's veracity and basis of knowledge. Eleven members of the Latin King Nation gang in Hayward and Milwaukee have been arrested on charges of conspiring to distribute cocaine and crack cocaine on and near the Lac Courte Oreilles Reservation in Hayward. Two weeks later, Barragan and a few dozen other Latin Kings were indicted. The testimony conflicts on whether Marrero was threatened with being taken into custody unless she authorized a protective sweep. The question presented is thus whether this inference is adequate to establish "probable cause for believing the occurrence of a crime and the secreting of evidence in specific premises." Nineteen Alleged Latin Kings Gang Members Indictedon Federal 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. 2d 564 (1971) (plurality opinion). See McNeese, 901 F.2d at 594. 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 box contained hundreds of .22 caliber bullets. (Id. [3] The affidavit did not assert that Rosado had been indicted. Atty., Milwaukee, WI, for Plaintiff. *919 *920 *921 Karine, Moreno-Taxman, Asst. Sergeant Harpole conceded that the plastic box was not large enough to hide a person. Marshals Service, which specializes in fugitive apprehension. 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. 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. The case's lead prosecutor, Assistant U.S. Attorney Mario Gonzales, said he didn't know that Barragan appeared in state court nine days after he was indicted in federal court - until told recently by a Journal Sentinel reporter. No one from the federal case was there to arrest Barragan. 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. 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. Known by his nickname "Mondie," the 23-year-old Spanish-speaking American citizen is believed to be living in Mexico. 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).
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