I've heard a commenter on YouTube call the recent ATF raid in Arkansas a no knock raid. I'm not familiar with the language in warrant affidavits. Can someone who knows warrants tell me if this allows police to enter without knocking?
I get that my question was a little vague, but I had no idea it was so bad the first three people responding would read "Can someone who knows warrants tell me if this allows police to enter without knocking?" to mean "I don't what what a no-knock warrant is, can someone Google it for me?"No-knock warrant - Wikipedia
en.wikipedia.org
Thanks. I had seen that box, but didn't know what it meant.There is a box near the bottom of the warrant which authorizes delayed notice, ie entry before providing a copy of the warrant. That box was not checked.
Wouldn't THAT video be interesting.Details include that Malinowski had a RIng doorbell, so he could have seen the ATF agents approaching, and would have known who they were. The news also says Malinowski shot first, so he started the gunfight.
There is a lot of stuff in the warrant that's overblown, but there is some stuff that would have been hard to him to defend in court.
I’ve written, literally, a couple hundred search warrants, and a few Steagald warrants, seeking entry into private property over the years. (Including residential and business buildings, vehicles and privately owned open lands)I get that my question was a little vague, but I had no idea it was so bad the first three people responding would read "Can someone who knows warrants tell me if this allows police to enter without knocking?" to mean "I don't what what a no-knock warrant is, can someone Google it for me?"
I apologize for my lack of clarity when I posted this from bed at 10:38. Now that I have a little more time, let me clarify-
I've only read maybe a dozen search warrants in my entire life, and I'm far from an expert on them. I didn't have time to read all 48 pages of this one last night. I see where the agent describes how qualified he is and why he thinks there is evidence in the car and house, why the warrant should be sealed, and that it was granted for 6AM-10AM by 3/20.
My question is, more specifically, what language in this document, and where in the document does it say that police can break and enter without notifying or identifying themselves? When they're describing why the warrant shouldn't be disclosed is it understood that it doesn't get disclosed before they enter? Does it mean that not only does the warrant not get released to the public without a court order, but that the suspect being investigated doesn't get to see a copy?
How do I know that this particular warrant was a no knock warrant?
I would argue that he did not purchase them legally. If his intent was to acquire them for the purpose of reselling and engaging in the business of dealing in firearms......he lied on the Form 4473.From what I gathered, the warrant was issued because the suspect purchased hundreds of handguns legally and either sold them in face to face deals or at multiple gun shows. He did not have an FFL, keep records, or ask for ID.
Reading the KARK News article that links to the warrant pdf gives a pretty clear picture that ATF had legitimate probable cause for the warrant based on the appearance of Malinowski possibly engaging in unlicensed gun dealer sales over several years. As noted above, the 'no advance notice' box on the warrant was not checked, so it was not a no-knock warrant. Details include that Malinowski had a RIng doorbell, so he could have seen the ATF agents approaching, and would have known who they were. The news also says Malinowski shot first, so he started the gunfight.
Also, at the very end of the released warrant is amotion to seal, but no court action sealing the warrant.
While I have serious reservations about the ATF and some of their leadership and actions, in this case it looks to me like it was all by-the-book legit.
Divide 150 by 33 months and that comes out to 4.5 guns/mth. Does that seem like an excessive amount? It may be more of a case about incorrect/improper information on the 4473s than quantity. If he was also failing to check his buyers and/or keep records of what he sold, that may be a big factor in Malinowski's troubles.According to the warrant, Malinowski purchased more than 150 guns between May 2021 and Feb. 27, 2024, which he then resold.
Quoting to part of that article:
Divide 150 by 33 months and that comes out to 4.5 guns/mth. Does that seem like an excessive amount? It may be more of a case about incorrect/improper information on the 4473s than quantity. If he was also failing to check his buyers and/or keep records of what he sold, that may be a big factor in Malinowski's troubles.
Well....thats a problem and from reading the search warrant the very reason for him being under investigation.He wasn't a dealer/FFL and it's not his responsibility to make sure if the person buying, is prohibited or not.
And?????He was selling and buying guns as a private gun owner.
Arkansas does not. Neither does federal law. If you read the link above you'll note that its a pattern of behavior, the repetitive buying and selling of guns that determines if you are a dealer. If half the stuff in that search warrant is correct, this guy was definitely an unlicensed gun dealer.Does his state have a limit on the number of guns he can sell a month/year?
Like "he was a private gun owner"? That term is meaningless. I'm an FFL. I'm also a private gun owner.That's why this topic is a hard to bring up here. People start throwing out all those buzz words we have come to know. Yet, we still don't know enough about what's really going on.
Can you spell that out for me? I have no idea what scary "loopholes" you refer to.This is happening because of those so called "loopholes" that the .gov uses to scare people.
Sadly, the truth doesn't matter.There's a lot more to the story here, hopefully we'll get the truth.
Sorry, but if even half the claims made it that search warrant are true, LIKE THE PHOTOS......this guy was playing very fast and loose with federal law. But that doesn't mean a kick in the door searh warrant at 6am was called for.Blaming a man for selling guns, before we get the full story, makes us no better than the anti gun crowd.
To be fair, "a lot of stuff" is used to paint a full picture.
It's kind of like how unclassified material, in and of itself, is not an issue...but aggregating large amounts of unclassified material can result in a document that's actually classified.
I'll bet that other material could be used to show intent, flight risk, etc.
The part that is hard for me to understand is he didn't need the money.