The case would mark a new level of cooperation between federal and state officials in tackling violent, drug-dealing gangs. The affidavit recited that Latin King members had been indicted for many serious crimes. 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. 22.) 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. of Objs. Id. He is looking into what happened. 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. 'They needed to know who is with them and who they are at war with on any given day. Guarnero was one of the 49 individuals indicted. 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. (Br. United States v. McKinney, 919 F.2d 405, 415 (7th Cir.1990). He picked up the box, which allowed him for the first time to see the word "Remington" on it. See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. 2d 1503 (1958). *933 Rubio's analysis was accepted, and applied to a different fact pattern, in United States v. Killip, 819 F.2d 1542, 1550 (10th Cir.1987). 2d 99 (1994) (Souter, J., concurring). The testimony conflicts on whether Marrero was threatened with being taken into custody unless she authorized a protective sweep. Hirschfield's sister, Amy Hirschfield, appreciates the effort that prosecutors and law enforcement made in getting justice for her family. milwaukee police target latin kings gang. 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." 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. 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. Although not a RICO case, Huebner v. United States,731 F. Supp. Both are charged with racketeering. Barragan was charged with aiding a felon - not the killing itself. The third of these requirements is that the incriminating nature of the object seized must be "immediately apparent." [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. 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. Following the outbreak of internal gang violence, Luis Felipe and 19 others were charged with murder and racketeering; the indictment process ended in 1995 with 39 Latin Kings and 1 Latin Queen indicted under the RICO Act. Hirschfield saw a fight brewing in the gas station parking lot between Barragan and a man named Matthew Toms. See Murray, 487 U.S. at 542, 108 S. Ct. 2529. See U.S. Const. 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. Rubio, 727 F.2d at 793. The affidavit made no assertion that Rosado had used a firearm to further violent criminal activity, that he had aided or abetted anyone else in doing so, or that firearms were stored at his residence. They then used information gleaned during this search to support an affidavit, pursuant to which a search warrant was issued. 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). Disclosing only the fact of indictment is not a substitute for providing the magistrate judge with sufficient facts to form his or her own conclusions necessary to a determination of probable cause. The affidavit was thus recklessly false. Barragan was back in state court in early October to be sentenced on his guilty plea in the Trevino case. The arrests are a result of a three-year investigation that has produced 26 drug dealer convictions. The box was heavy, which led him to think that it likely contained a gun. The box contained hundreds of .22 caliber bullets. That must have factored in how he was out of custody," Gonzales said. It is unclear if detectives wrote up reports on the two earlier interviews, but typically reports are done for such interviews. The affidavit cited the presence in the attic of Rosado's residence of clothing in the Latin Kings' colors. See Warden v. Hayden,387 U.S. 294, 306-07, 87 S. Ct. 1642, 18 L. Ed. Barragan, 16 at the time of the homicide, was to be tried as an adult. at 236, 103 S. Ct. 2317. U.S. Thus, even though the presence of Latin Kings-color clothing in Rosado's attic might allow probable cause to believe that Rosado was a Latin King member, it would not, without more, allow the inference that Rosado had committed a crime. One of them was Barragan, who was already under federal investigation in the Hirschfield homicide, attempted murder, drug dealing and robbery. Without more information, it is difficult to say what occurred after his court appearance.". The government next seeks to defend this search under the "plain view" exception to the Fourth Amendment. 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. Gonzales, the federal prosecutor, said he would have been very suspicious of Barragan's account that he was a bystander. The Milwaukee branch was established in the mid-1970s and quickly grew to dominate the south side. 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. Rosado raised all of these arguments, most of them verbatim, in his motion before Judge Gorence. 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. denied ___ U.S. ___, 120 S. Ct. 2688, 147 L. Ed. 2d 677 (1984). Federal and state law enforcement have pursued the Latin Kings for more than two decades in Milwaukee. The summary of common characteristics of narcotics traffickers and their residences gave the magistrate judge no basis to believe that incriminating evidence of narcotics crimes would be found at Rosado's residence. 98-M-50. The five-count indictment unsealed Friday alleges Santo Lozoya, Hector Rojas, Jose Martinez and Pedro Navarro all said to be members of the Milwaukee Kings gang committed a combined three . 1971). Trevino, 23, was beaten, then shot in the leg, stabbed and ultimately strangled to death by fellow gang members, according to court records and police reports. Magistrate Judge Gorence held an evidentiary hearing on Rosado's motion to suppress on August 16, 1999, and issued a recommendation August 30, 1999. Indeed, if police conduct a search in good faith pursuant to a facially valid warrant, the resulting evidence may not be suppressed due to an absence of probable cause supporting the warrant. 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. 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). See United States v. O'Neill,27 F. Supp. Assistant District Attorney Warren Zier appeared for the state and asked for a delay. 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. 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). [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. No one from the federal case was there to arrest Barragan. The first half-page provided a general introduction and asserted erroneously that a copy of the grand jury's indictment was attached. Nearly 200 schools and more than 1.200 teachers have participated in the . 3 (a) (b).) in Supp. On that basis, the affidavit provided probable cause to believe that such a large portion of the Latin Kings' activities were illegitimate that the enterprise could be considered in effect wholly illegitimate. The affidavit said nothing about the informants' reliability; veracity; or basis of knowledge for these claims. 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. The right of free association is impinged upon even by laws prohibiting gang membership plus certain kinds of conduct, for example, gang membership plus loitering. I am not an independent investigative agency," he said. The rule is straightforward: United States v. Dichiarinte, 445 F.2d 126, 129 (7th Cir. See Steagald v. United States,451 U.S. 204, 212, 101 S. Ct. 1642, 68 L. Ed. Again, he escaped because of mistakes. 3(a) (b).) in Supp. 6.) 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. Search salary and other information: www.jsonline.com/dataondemand, Got a story tip? Moving and opening the box was therefore unlawful. 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. It falsely implied that the search was within the scope of the consent for the initial search and the plain view exception, by emphasizing that the discovery was made "during their search for people [and] within plain view," and yet it wholly omitted that officers identified the plastic box as a "gun case" only after exceeding the scope of the consent by moving the box. 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." at 238, 103 S. Ct. 2317. (Docket # 1027 [hereinafter "Recommendation"].) Gates, 462 U.S. at 234, 103 S. Ct. 2317. %PDF-1.3 Even so, courts should not invalidate warrants by interpreting affidavits in a hypertechnical, rather than common-sense, manner. to the Magistrate's August 30, 1999 Recommendation [docket # 1037] at 6 [hereinafter "Br. "Is there any indication he is going to drop off the face of the Earth? On March 22, 2005, a grand jury sitting in the Western . "It is like pulling up a weed. "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. at 662. Rosado filed timely objections, and the government filed a response. in Supp. Officers seeking a search warrant relying on information provided by a confidential informant are under an obligation to take reasonable steps to confirm that information before using it in an affidavit in support of the warrant. at 20.) 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. 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. Gates, 462 U.S. at 239, 103 S. Ct. 2317 (emphasis added). These alleged crimes included murder and homicide, attempted murder and homicide, drug trafficking, firearm offenses, robbery, kidnaping, and others. Id. in Supp. 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." In the confusion, Toms slipped away. Thus, there was probable cause that someone whoever owned the clothing had violated 1962(c). In addition, there must be probable cause to believe that evidence of the particular criminal behavior has been secreted in specific premises. 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."). 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. See Lloyd, 71 F.3d at 1263. Authorities in Milwaukee had the chance to arrest Barragan in court nearly five years ago, records show, but failed to nab him because of a lack of communication and a crucial miscalculation. jan 31, 2008. by john dobberstein. That gang member ultimately was convicted of killing Trevino. 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). No copy of the indictment was attached (despite its assertion to the contrary). 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. McGann v. Northeast Illinois Regional Commuter R.R.
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