jan 31, 2008. by john dobberstein. The argument escalated. 1991); United States v. Lewis, 910 F.2d 1367, 1372 (7th Cir.1990) (citations omitted). 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. at 466, 91 S. Ct. 2022. Meanwhile, federal authorities had convened a grand jury to develop the federal case. (Aff. 2(i) 2(k); 3.) 2d 246 (1981). The state opened a secret John Doe proceeding to develop those charges, officials said. "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." As a preliminary matter, Rosado emphasizes that he was not named in the indictment's RICO count. On June 19, 1998, a federal grand jury returned an indictment naming 33 defendants, allegedly members of the Latin Kings. E-mail us at watchdog@jsonline.com. Nonetheless, the Seventh Circuit has held that the magistrate must have a substantial basis to conclude that a search would uncover evidence of wrongdoing. 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. 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. U.S. Accuses 33 Of Running Latin King Reign Of Terror That must have factored in how he was out of custody," Gonzales said. Federal and state law enforcement had another shot at Barragan a month later. Milwaukee Kings indictment : court filing - Archive 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. 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. Lloyd, 71 F.3d at 1263 (emphasis added). Rosado's Objs. 'You are going to hear from the worst of the worst,' she said. See Case No. Rubio, 727 F.2d at 793. "I am only aware of what I receive. Thirty Four Alleged Gang Members Charged with Participating in See id. 4 Chicago gang members indicted on federal - Chicago Tribune To satisfy 1962(c)'s "associated with an[] enterprise" requirement, the government must introduce "evidence that the various associates function as a continuing unit." To be sure, an indictment does supply probable cause for an arrest warrant. at 486, 78 S. Ct. 1245. Depending on the circumstances, the murder may have become part of his case, he said. U.S. "This guy was killed three different ways in a torturous fashion. The mere fact, or even allegation, of gang membership carries a strong taint of criminality. The murder generated big news and triggered what would become the second major federal investigation of the Latin Kings in Milwaukee. 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." 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."). U.S. 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. [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. There was no hint in that hearing that federal prosecutors were closing in, according to the transcript and Barragan's attorney, Mark Lipscomb. See Lloyd, 71 F.3d at 1263. 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. 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. The magistrate must be provided with sufficient facts from which he or she may draw the inferences and form the conclusions necessary to a determination of probable cause. They communicated with walkie-talkies, wore certain clothes to hide their identities and were always on the hunt for rivals, using gang-owned guns, Gonzales said. at 793. Feds begin another prosecution of Latin Kings - Milwaukee Journal Sentinel It said nothing about whether the informants made first-hand observations, or about whether law enforcement officials independently verified any of their claims about firearms. 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. "They had him and actually let him go?" in Supp. The affidavit did not assert that Rosado had engaged in any of these activities, that he had aided or *923 abetted anyone else in doing so, or that his residence was in any way related to any of these activities. See United States v. Calandra,414 U.S. 338, 342-46, 94 S. Ct. 613, 38 L. Ed. See id. Harris, 403 U.S. at 584, 91 S. Ct. 2075. "I would have liked to have known about a lot of this stuff, but I can only work with the information that is provided to me.". Id. It is unclear if that information was shared with those investigating Trevino's murder. 22.) [2] According to law enforcement *922 officials who investigated the Latin Kings, black and gold are the Latin Kings' "official colors.". 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." The national organization of the Latin Kings is known to have chapters in several states, including Illinois, Connecticut, Florida and New York. They asked Hirschfield's family for patience. He tried to kill rival gang members the previous year, according to those documents. Marshals Service, which specializes in fugitive apprehension. 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. See 28 U.S.C. The testimony conflicts on whether Marrero was threatened with being taken into custody unless she authorized a protective sweep. (Compare Br. It is unclear if the state prosecutors who handled Barragan's case were aware he was being investigated by federal authorities in Hirschfield's murder and other crimes. Luis Trevino was a Latin King, hanging out with fellow gang members on Milwaukee's south side in September 2004 when an argument arose. See Giordenello, 357 U.S. at 485-86, 78 S. Ct. 1245. The affidavit was thus recklessly false. The latter allegation, as we will see, helps establish probable cause for one element of RICO. Reliability is based upon the informant's veracity and basis of knowledge. In that case, the Tenth Circuit found that the affidavit provided probable cause to believe that the Outlaws Motorcycle Club was a RICO enterprise. Arresting Barragan prematurely could have tipped off others to the pending roundup, Gonzales said, but added he should have been told about Barragan's state court appearance, which might have prompted a different approach to his arrest. 2d 54 (1975), which observed that under Calandra, 414 U.S. at 342-46, 94 S. Ct. 613, a magistrate must issue an arrest warrant without further inquiry upon the strength of a properly issued indictment. "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. milwaukee milwaukee police wednesday promised a crackdown on the latin kings after arresting two members of a violent street gang in connection with the slaying of a miller brewing co. executive.
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