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I posted the link earlier in the thread.
Law Airport executive shot in firefight with federal agents at his home in Arkansas
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The one saying he drove erratically when followed?
I don’t think that means he knew he was under surveillance.
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How is that not implying he was aware?
Sounds like literally the best time to detain him if that was accurate.
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How is it?
Erratically how?
Did he drive erratically when he wasn’t being followed?
Maybe he’s an erratic driver
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Do you want me to write Yahoo for you?
If he’s an erratic driver it makes even more sense you can pull him over under that pretense. Not do a dawn style raid; Again if Mr Malinowski was aware he was under surveillance the facts here are much different than if he didn’t.
Intimidation is a tactic utilized by the BATF throughout its entire existence.
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Go shared. Write them and ask if you are just reaching or not. Driving erratically doesn’t mean he knows he was under surveillance. Do they even describe what they meant by erratical or describe the erratic actions he was taking.
It’s just more assumption.
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They wrote back and said they don’t trust the government with guns
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Maybe this was done with one of Malinowski's straw purchases.
Edit: Might as well stick a bit more info in this post.
arktimes.com
...according to court documents released Thursday, Malinowski signed forms when he purchased the guns declaring he was buying them for himself and not for resale. This stipulation is included on federally required paperwork signed by Malinowski: “I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of Federal law.” A single offense can result in a fine and up to 20 years in prison...
Court documents say Malinowski bought dozens of guns from federally licensed dealers over recent years, each time affirming that he was buying them for himself.
Malinowski allegedly offered to find specific guns for potential customers. He made some of his sales in parking lots and his vehicle was seen late at night in parts of Little Rock “known for violent crime, and buying and selling contraband such as firearms and controlled substances, specifically during the evening and midnight hours,” the affidavit says.
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As an aside, I don't agree with firemen breaking open safes and whatnot to help police. They shouldn't be involved in law enforcement, their job is to protect life/limb and property. Ray Bradbury warned us about this. They shouldn't be used as paramedics either, while we're on the subject. You can bring up exceptions like arson investigators or people who check buildings are complying with fire codes if you want but you know what I mean.
/
www.fletc.gov
Tim: How should agents enter the premises?
Jenna: Reasonably. Conducting a reasonable search includes making a reasonably entry and Title 18 of the US code section 3109 is what we refer to as the federal “Knock and Announce” statue. So the general rule for knock and announce is that before agents force enter into a resident to execute a warrant - either an arrest warrant or a search warrant - they have to “knock and announce” their identity, authority and purpose and demand entry from the people inside.
Tim: Now, what do you mean by force entry?
Jenna: It can be as simple as just moving something to come inside without permission of the premises owner. It can be as forceful as breaking down a door, but force also includes just opening an unlocked door without the owner’s permission.
Tim: You said residence. Does knock and announce only apply to a residence, meaning where people live?
Jenna: Most, but not all circuits say that knock and announce only applies to homes and not to commercial buildings or businesses. Since I said “most, but not all,” agents should check with their US Attorney’s Office to make sure of the law in their circuit.
Tim: Alright, now come again and tell me exactly how an agent complies with “knock and announce.”
Jenna: OK, it’s not terribly difficult. First, there’s the knock part, which can be as simple as just knocking on the door. All the agent really has to do is to announce their presence somehow. It could be by yelling out through a bullhorn or even making a telephone call to the people inside. Agent must simply make their presence known. So they knock, and say “POLICE! SEARCH WARRANT! OPEN THE DOOR!” They have identified themselves, announced their authority and purposed, and demanded entry. Then the agents have to wait until they are denied entry before they can use force to get inside.
Tim: Why have all these rules?
Jenna: Well, first that rule promotes officer safety. I mean officers might get shot if they just breaking into someone’s house without announcing themselves. A lot of people especially over here in southern Georgia - a lot of home owners are also gun owners. So they might take action against someone they think in engaged in housebreaking. Second it can prevent needless destruction of property. There really is no need for us to smash down someone’s door or take it off the hinges if the person inside is willing to just come to the door and open it. And, finally it helps preserve the dignity of the people in the residence. If someone is in there taking a nap in his boxer shorts, knocking and announcing and waiting a few moments gives that person inside a chance to put some clothes on before he comes to the door.
Tim: Ya, I guess it really makes a lot of sense to Knock and Announce. How long do agents have to wait after they knock?
Jenna: Well if all they hear from inside is silence after they “Knock and Announce,” then they are required to wait a reasonable period of time before they force entry. And that reasonable period of silence will be construed as a denial of entry.
Facts to consider and decide how long to wait - how long is reasonable - would involve how long it would take the occupants to come answer the door or how long it would take for them to destroy evidence. So agents will have to take in account of what time of day it is. Is it noon or is it 3 o’clock in the morning? What’s the size of the residence? Are we talking about a single story, 3 bedroom, small house or a 16 bedroom mansion with three floors. And of course the type of evidence to be seized - are you looking for computers that are going to be pretty difficult to destroy or conceal or are you looking for drugs which can be flushed down the toilet or other wise destroyed pretty quickly. All of those things are going to come in to play in deciding a reasonable period of time to wait before forcing entry.
Edit: Might as well stick a bit more info in this post.
Illegal guns sales led to fatal ATF raid on airport director Malinowski’s home, affidavit says
Malinowski's family issued a statement Thursday afternoon questioning the "decisions which led to a dawn raid on a private home and triggered the use of deadly force."
arktimes.com
...according to court documents released Thursday, Malinowski signed forms when he purchased the guns declaring he was buying them for himself and not for resale. This stipulation is included on federally required paperwork signed by Malinowski: “I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of Federal law.” A single offense can result in a fine and up to 20 years in prison...
Court documents say Malinowski bought dozens of guns from federally licensed dealers over recent years, each time affirming that he was buying them for himself.
Malinowski allegedly offered to find specific guns for potential customers. He made some of his sales in parking lots and his vehicle was seen late at night in parts of Little Rock “known for violent crime, and buying and selling contraband such as firearms and controlled substances, specifically during the evening and midnight hours,” the affidavit says.
/
As an aside, I don't agree with firemen breaking open safes and whatnot to help police. They shouldn't be involved in law enforcement, their job is to protect life/limb and property. Ray Bradbury warned us about this. They shouldn't be used as paramedics either, while we're on the subject. You can bring up exceptions like arson investigators or people who check buildings are complying with fire codes if you want but you know what I mean.
/
Execution of a Search Warrant (I) (MP3) | Federal Law Enforcement Training Centers
TranscriptTim: Hi, this is Jenna and Tim, we’re back we’ve talked about, Probable Cause and Warrants, Probable Cause of course is a re
Tim: How should agents enter the premises?
Jenna: Reasonably. Conducting a reasonable search includes making a reasonably entry and Title 18 of the US code section 3109 is what we refer to as the federal “Knock and Announce” statue. So the general rule for knock and announce is that before agents force enter into a resident to execute a warrant - either an arrest warrant or a search warrant - they have to “knock and announce” their identity, authority and purpose and demand entry from the people inside.
Tim: Now, what do you mean by force entry?
Jenna: It can be as simple as just moving something to come inside without permission of the premises owner. It can be as forceful as breaking down a door, but force also includes just opening an unlocked door without the owner’s permission.
Tim: You said residence. Does knock and announce only apply to a residence, meaning where people live?
Jenna: Most, but not all circuits say that knock and announce only applies to homes and not to commercial buildings or businesses. Since I said “most, but not all,” agents should check with their US Attorney’s Office to make sure of the law in their circuit.
Tim: Alright, now come again and tell me exactly how an agent complies with “knock and announce.”
Jenna: OK, it’s not terribly difficult. First, there’s the knock part, which can be as simple as just knocking on the door. All the agent really has to do is to announce their presence somehow. It could be by yelling out through a bullhorn or even making a telephone call to the people inside. Agent must simply make their presence known. So they knock, and say “POLICE! SEARCH WARRANT! OPEN THE DOOR!” They have identified themselves, announced their authority and purposed, and demanded entry. Then the agents have to wait until they are denied entry before they can use force to get inside.
Tim: Why have all these rules?
Jenna: Well, first that rule promotes officer safety. I mean officers might get shot if they just breaking into someone’s house without announcing themselves. A lot of people especially over here in southern Georgia - a lot of home owners are also gun owners. So they might take action against someone they think in engaged in housebreaking. Second it can prevent needless destruction of property. There really is no need for us to smash down someone’s door or take it off the hinges if the person inside is willing to just come to the door and open it. And, finally it helps preserve the dignity of the people in the residence. If someone is in there taking a nap in his boxer shorts, knocking and announcing and waiting a few moments gives that person inside a chance to put some clothes on before he comes to the door.
Tim: Ya, I guess it really makes a lot of sense to Knock and Announce. How long do agents have to wait after they knock?
Jenna: Well if all they hear from inside is silence after they “Knock and Announce,” then they are required to wait a reasonable period of time before they force entry. And that reasonable period of silence will be construed as a denial of entry.
Facts to consider and decide how long to wait - how long is reasonable - would involve how long it would take the occupants to come answer the door or how long it would take for them to destroy evidence. So agents will have to take in account of what time of day it is. Is it noon or is it 3 o’clock in the morning? What’s the size of the residence? Are we talking about a single story, 3 bedroom, small house or a 16 bedroom mansion with three floors. And of course the type of evidence to be seized - are you looking for computers that are going to be pretty difficult to destroy or conceal or are you looking for drugs which can be flushed down the toilet or other wise destroyed pretty quickly. All of those things are going to come in to play in deciding a reasonable period of time to wait before forcing entry.
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Briefly reading a bit more, Malinowski's guns were found all over the place and a 15 year old gang member had one of his guns on him. As mentioned above, he was spending time in some strange areas. Also, multiple times when they were surveilling him, he acted in a really bizarre manner. One of the descriptions:
"Several AIF SAs attempted to follow MALINOWSKI. While following MALINOWSKI, he committed the traffic violations of running multiple red lights. MALINOWSKI entered Interstate 40 east bound, and simultaneously crossed two lanes of traffic to continue on Interstate 40 east bound. When approaching the intersection of Interstate 40 and Highway 67/167, MALINOWSKI again simultaneously merged across two lanes of traffic to travel north bound on Highway 67/167."
"He abruptly merged from Highway 67/167, while crossing the neutral area of the off ramp, onto McCain Boulevard exit ramp. ATF SAs lost sight of MALINOWSKI due to his reckless driving, and SAs inability to keep up with MALINOWSKI without risking danger to the safety of other motorists."
"During the approximate two-hour span of time, MALINOWSKI drove in circular pattens in the area of AR-161 (North Little Rock), and Martin Luther King and Roosevelt Road (Little Rock)- MALINOWSKI's driving was erratic, often pulling into parking lots and turning around in the parking to the same direction he was already traveling."
He either knew he was being surveilled, believed he was evading someone or something else, or was completely off his rocker.
Regardless, it's becoming more clear he was a mess and knew exactly what he was doing. Considering how he was acting in public, it's getting harder to question many of the decisions that were made.
"Several AIF SAs attempted to follow MALINOWSKI. While following MALINOWSKI, he committed the traffic violations of running multiple red lights. MALINOWSKI entered Interstate 40 east bound, and simultaneously crossed two lanes of traffic to continue on Interstate 40 east bound. When approaching the intersection of Interstate 40 and Highway 67/167, MALINOWSKI again simultaneously merged across two lanes of traffic to travel north bound on Highway 67/167."
"He abruptly merged from Highway 67/167, while crossing the neutral area of the off ramp, onto McCain Boulevard exit ramp. ATF SAs lost sight of MALINOWSKI due to his reckless driving, and SAs inability to keep up with MALINOWSKI without risking danger to the safety of other motorists."
"During the approximate two-hour span of time, MALINOWSKI drove in circular pattens in the area of AR-161 (North Little Rock), and Martin Luther King and Roosevelt Road (Little Rock)- MALINOWSKI's driving was erratic, often pulling into parking lots and turning around in the parking to the same direction he was already traveling."
He either knew he was being surveilled, believed he was evading someone or something else, or was completely off his rocker.
Regardless, it's becoming more clear he was a mess and knew exactly what he was doing. Considering how he was acting in public, it's getting harder to question many of the decisions that were made.
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Gotta say I agree.
How about you?
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Way to the miss the fucking point... The ATF has made several questionable fuck ups.
Knocking down his doors at 6 am? He was the Executive Director of the airport in Little Rock. Where the fuck would he go? Was he going set fire to documents and flush a bunch of drugs down the toilet if they had casually knocked 8am and shown their arrest warrant?
Seriously, given the ATF's history and initial details of the story, this is was another colossal fuck up.
- Just read this story days ago. They killed even the dog.
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Taping over the security cam. Quality transparency in a government agency. Kudos.
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That's exactly why I have decoy cameras in plain sight and then hidden cameras around my property that actually do the recording.
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Is that legal on their part? And Body Cams?
“At this stage there is no publicly available evidence showing whether agents knocked on the door or announced their presence, adequately identifying themselves,” Cummins said in the release. “Bryan’s wife Maer only heard loud banging immediately followed by the crash of the front door being forced open. Absent exigent circumstances (danger of losing evidence-drugs down the toilet; propensity for violence or escape) case law requires law enforcement officers to give dwelling occupants a reasonable time to come to the door and let them in.”
There will be zero repercussions against the ATF...
The Feds strike again
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Is there a longer version of the recording, where we can hear audio after the tape is applied?
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With Tape over it.... wouldn't it shut off quickly due to it being motion activated?
I have one.. .they don't film continuously
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I don't know anything about them. ¯\_(ツ)_/¯ But even if it shut off quickly, I would have thought there would have been at least a few more seconds of audio.
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The ATF needs to go.
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And now there is the insuing Biden Administration Executive Order going after private party sales and gun shows they have been hunting at for some time .
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Looks like they're clarifying what "engaged in the business" of selling guns is, which is necessary as I believe that to be unconstitutionally vague- but I can't find in any of the articles what they're actually updating it to be mean?
"Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store. If you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks," U.S. Attorney General Merrick Garland said.
I can find this quote, but that still seems hella vauge. It seems they're trying to keep the ability to sell a gun to a friend or family member without doing a background check, but not let you sell to a rando without a background check. But we all know how poorly the government words these things and manages to just make themselves into a mess.
