No knock warrant?

The link WayneinFL provided was a VERY interesting read.
 
It is what the title states; an authorization sought from a judge by the affiant to enter without prior notice to anyone within.

They were most often sought in cases involving the arrest of known armed/violent persons, dangerous persons known to flee, or in drug cases where evidence can be destroyed prior to entry.

The issuing judge/magistrate reviews the PC for the warrant, in this case in Arkansas it was a search warrant, and will ok or deny the no-knock request based on the information in the affidavit.

Obviously the entire ball of facts haven’t been released so anything said by anyone not in the know is mere speculation, but based on my three decades doing the job there are other operational avenues available than doing an early-service no-knock in a case involving alleged firearm reselling without a license (As was just reported by NBC News).

Stay safe.
 
Yes a no knock warrant allows law enforcement to force a door with no advance warning.

This type of warrant has increasingly fallen out of favor and for the most part warrants are served during daytime hours and law enforcement must announce themselves before entry. This doesn't have to be much more than a loud knock or two accompanied by something to thr effect of "police! Search warrant" then force it.
 
Mk-211 said:

No-knock warrant - Wikipedia

en.wikipedia.org en.wikipedia.org
Click to expand...
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?
 
First of all, a note that the court was requested to seal the file. If an order was entered to that effect, release may be in violation of the court's order.

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.

Finally, a reminder that we don't know the order of events that morning. If accurate, the affidavit refers to many instances of evasive/reckless driving which may have indicated that the suspect suspected that he had attracted attention. Six AM is the earliest time authorized for this daylight warrant.

Very enlightening information.
 
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.
 
I encourage people to read the warrant before forming an opinion.

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.

He got on the ATF radar because he would purchase multiple handguns on a single 4473. Several of the guns he purchased were recovered in crimes. They were ultimately traced to him because he purchased like 95% of them from a single gun shop. And then resold them for a profit.
 
rust collector said:
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.
Click to expand...
Thanks. I had seen that box, but didn't know what it meant.

I read about the evasive driving. Driving at a high rate of speed and making 2 lane changes simultaneously to get off at an exit? 75% of drivers on I95 in Miami are trying to elude the ATF as we speak.

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.
 
Craig_AR said:
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.
Click to expand...
Wouldn't THAT video be interesting.
If he shot at a known AGE, he fit Heinlein's definition:
Stupidity cannot be cured. Stupidity is the only universal capital crime; the sentence is death. There is no appeal, and execution is carried out automatically and without pity.
 
This relates to laws governing sales of firearms, and their relation to enforcement and claimed activities based upon the affidavit for search warrant. If you have relevant information, you can participate. If you just want to vent, please do that elsewhere.

Thanks.
 
wayneinFL said:
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.
Click to expand...

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.
 
wayneinFL said:
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?
Click to expand...
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)

All property entry warrants that I wrote were State-level ones that needed to specify specific OK for night service (before 6 am of after 9 pm), a specific no-knock exception, and often a request to be sealed if the case was ongoing. All of these specific requests had to be explained in the warrant application/affidavit and approved by the issuing judge. A few requests weren’t approved over the years, I know one Judge had a blanket no-seal policy and denied every seal request (that in and of itself was improper) for example.

The partially redacted search warrant as written in this case only asked to be sealed and no copies of the affidavit or information be released because the case investigation is ongoing.

A copy of the actual “search warrant”, which only outlines the location or persons to be searched and property to be seized with the Judge’s order, is left at the scene ( if vacant ) or with the person with control over the location, along with a copy of the receipt for any items seized.

This looks like it is a common Federal Agency SW that one would see all over the US. It isn’t a no-knock or night service warrant in the body, and based on the time of the event it was served just after 6 am.

Hindsight is always 20/20, and there may be reasons that the warrant was served as it was that aren’t known. But it sure seems pretty clear that the airport director knew he was up to shady stuff and the ATF opened a legitimate illegal sales case against him.

Stay safe.
 
HB said:
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.
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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.
 
Craig_AR said:
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.
Click to expand...

Quoting to part of that article:
According to the warrant, Malinowski purchased more than 150 guns between May 2021 and Feb. 27, 2024, which he then resold.
Click to expand...
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.
 
My days of drafting warrants and seeking judge approval are long over. Today I just sit at the other table and argue to suppress.

I‘d opine that law enforcement should acknowledge that warrants are not a way to skip good investigation and old school police work. I see too many cases of one controlled buy with a CI and a warrant served …. often with no ADA input anymore in my jurisdiction. Such could lead to a messy situation on multiple levels. Judges don’t - as a general rule - like to be appealed.
 
JTHunter said:
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.
Click to expand...

He wasn't a dealer/FFL and it's not his responsibility to make sure if the person buying, is prohibited or not.

He was selling and buying guns as a private gun owner. Does his state have a limit on the number of guns he can sell a month/year?

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.

This is happening because of those so called "loopholes" that the .gov uses to scare people. There's a lot more to the story here, hopefully we'll get the truth.

Blaming a man for selling guns, before we get the full story, makes us no better than the anti gun crowd.
 
A good read before posting:
Do I Need a License to Buy and Sell Firearms Guide

Mk-211 said:
He wasn't a dealer/FFL and it's not his responsibility to make sure if the person buying, is prohibited or not.
Click to expand...
Well....thats a problem and from reading the search warrant the very reason for him being under investigation.


He was selling and buying guns as a private gun owner.
Click to expand...
And?????
While selling guns from your personal collection does not require an FFL, "engaging in the business of dealing in firearms" does.


Does his state have a limit on the number of guns he can sell a month/year?
Click to expand...
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.


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.
Click to expand...
Like "he was a private gun owner"? That term is meaningless. I'm an FFL. I'm also a private gun owner.
I have to abide by federal law too.


This is happening because of those so called "loopholes" that the .gov uses to scare people.
Click to expand...
Can you spell that out for me? I have no idea what scary "loopholes" you refer to.


There's a lot more to the story here, hopefully we'll get the truth.
Click to expand...
Sadly, the truth doesn't matter.
The anti gunners will use this as an example of rogue unlicensed gun dealers who lie on their 4473 to obtain firearms that they in turn sell to criminals.
The anti ATF/anti government crowd will use this as an example of a rogue federal agency violating someone's civil rights.



Blaming a man for selling guns, before we get the full story, makes us no better than the anti gun crowd.
Click to expand...
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.

Every gun show has several Bryan Malinowski's. They have several new or nearly new guns in the box and always seem to have a full table at every gun show. Their prices aren't great, but telling buyers "no paperwork" seems to justify that price. They also dont have an FFL and state sales tax permit. I know because I did five gun shows a year here in Dallas and was jealous of the guys on the other side of the aisle who stayed busy every show selling without paperwork.

Malinowski could easily afford his FFL.....its cheap. He chose poorly.
 
I will piggyback off of Riomouse911's experience. Everything he said is accurate. I've also written more than a few (lost count but over a hundred) in my time. I will also add that there is case law stating that knock and announce can only be waived for certain reasons. The two big ones are for the safety of those serving the warrant (ie your target is armed and dangerous and its best to catch them by surprise), and to prevent the destruction of evidence. My state bars issuing warrants waiving the knock and announce requirement for the purpose of evidence destruction alone. I have to show evidence that the no knock is justified for the protection of officers serving the warrant. I believe this is a paradox, as I believe the surprise aspect is almost as dangerous as knocking and announcing.

For what it's worth, I am a fan of serving warrants in daylight hours and giving some notice if at all possible. Im not going to knock on the door for 30 minutes yelling police. If a moment passes by with no response, or at any time I can articulate that occupants are stalling, then we do what we must. But i am a fan of announcing (a legitimate announce, not knocking and shouting "police search warrant" as the breacher is in the backswing with a battering ram). Bonus points with marked cars, blue lights, and uniformed officers. I do not want to paper a case that makes the news for the wrong reasons.

As for the feds, I think about every warrant they get issued is treated as a no knock unless it's on a bank. Wouldn't surprise me if they no knocked a bank or business. The warrant at Maralago was the only one where I've seen them drive up and announce on a private residence... eh its not really a private residence I guess.
 
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RetiredUSNChief said:
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.
Click to expand...

Yeah, when I said there were some things that were hard to defend, I meant there was a lot of evidence described in the warrant that if it proved to be true, would make it hard for the suspect to defend himself on the allegation that he was dealing in firearms without a license. Purchasing 150 firearms in 3 years? No big deal. I had a friend who would buy a gun every Friday when he got paid- (52X3=156). Buying 4 Glock 22s over that same period of time? I've done that just finding a deal on a gun. But 150 firearms over the course of a year, with a booth at the gun show, and 24 of the same model Glock in 3 years? That looks like they're being purchased to resell. It seems to me that would be hard for him to defend in court.

The part that is hard for me to understand is he didn't need the money. He was doing this out in the open. Selling at the gun show, buying most of his guns from the same dealer. Didn't look like he was trying to hide anything. It seems like he would have gotten a warning and he would have just stopped doing it. But you can't count on people doing what seems rational to me.
 
A couple things come to mind.

First, it's all about volume. Clearly the "victim" in this matter was buying and then flipping high enough numbers to catch the bureau's attention. It's not always about the volume of one's purchases, but if you're selling most of what you buy within a relatively short period of time, especially publicly, you're gonna be marked. I don't know why this seems to come as a surprise to so many folks.

Second, regarding the "no-knock" warrant, the subject apparently had engaged in behavior on at least one instance prior, noted in the warrant, that led the bureau to believe he not only could be a flight risk but would actively attempt to evade capture. One would assume that the agents serving the warrant didn't really expect an armed response, but it's looking more and more like this guy had possibly had some mental health issues.

wayneinFL said:
The part that is hard for me to understand is he didn't need the money.
Click to expand...

Not for me. Too familiar with cases of wealthy people committing stupid crimes.
 
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