Breaking down the ATF and FBI's Warrant on Fatal Raid in Arkansas
In the quiet dawn of Little Rock, Arkansas, a devastating event unfolded that has gripped the local community. Bryan Malinowski, the executive director of Bill and Hillary Clinton National Airport, tragically lost his life in a violent exchange with federal agents. This incident not only shattered a family but also cast a spotlight on the often murky waters of firearm transactions and how the ATF and FBI serve search and arrest warrants.
The Early Morning Catastrophe
It was a Tuesday morning like any other, until the peace was shattered at around 6 a.m. ATF agents, tasked with enforcing federal laws relating to alcohol, tobacco, firearms, and explosives, approached Malinowski's residence to execute a search warrant. The quiet of the morning was broken by gunfire, leading to a confrontation that would end in tragedy.
Malinowski, 53, engaged in a shootout with the agents, a decision that would prove fatal. Struck in the altercation, he succumbed to his injuries, leaving behind a family grappling with loss and a myriad of unanswered questions. An ATF agent also sustained injuries in the exchange, though thankfully, they were not life-threatening.
The Investigation Unveiled
The roots of this tragic encounter stretch back to an investigation that began months prior. Authorities in Canada, acting on a tip from a confidential informant, stumbled upon a photo showcasing a cache of firearms. The serial numbers visible in the photograph led them directly to Malinowski.
Documents revealed that Malinowski had purchased over 150 firearms from May 2021 to February 2024. The nature of these transactions, including sales at gun shows, drew the scrutiny of federal investigators. Six of these firearms were later discovered at crime scenes.
An Expert Analysis of the Warrant
First, print out this warrant that the ATF wrote and follow along with me.
I teach investigative procedures to police officers, including how to write and serve search warrants (including high risk warrants, which this is not). Occasionally, I have ATF and FBI agents in my class. I will be using this case, specifically, in my classes because of so many factors that were ignored. The first thing you see is the actual search warrant. This is followed after page 2 by the affidavit. The affidavit is heavily redacted and contains all of the information justifying why the agents wanted to search Malinowski and his home. There are also attachments starting at page 31 and a sealing order on page 30.
The Search Warrant
The search warrant redacts the residence to be searched, however, we can assume it is for Malinowski’s home. The ATF says that Malinowski violated federal law regarding the dealing of firearms without a license and unlawful acquisition of a firearm. The search warrant was signed on 3/6/2024. Why is the date important? Because the agents have 14 days to serve the warrant. The day it was signed counts as the first day. They served the warrant on 3/19/2024. This means they served the warrant on the very last day the warrant was valid. Why? You should avoid serving a warrant on the very last day because you will be rushed to make things happen. Did they rush with the planning of this warrant?
No Knock
Some neighbors and some talking heads have said that this was a no knock raid. A no knock raid means that the police do not have to announce their presence and can enter immediately. Usually this is reserved for people that are extremely dangerous like murderers or people that have threatened violence. I train people that if you obtain a no knock warrant, that SWAT should be serving the warrant and that you are announcing your presence as you are entering. Usually this is done over a PA system so that people three blocks away can hear. As an example, Someone on a PA System will sound a sire and state, “Residents at 123 Main street, we have a search warrant. Do not resist.”
But, to get a “no knock” warrant, you have to justify it and attach a separate sheet explaining your need to the judge. There is a lot of scrutiny over this and it is not given lightly. Also, a warrant can only be served between 6 AM and 10 PM. I appears that this warrant may have been served first thing that morning while he was still asleep. Knowing that and not having a no knock warrant, you would need to give ample knock and notice before entering.
I’ve looked through this entire warrant and there is no request or authorization for a “no knock.”
The Sealing Order
The sealing order on page 30 states that the investigation is ongoing and that the ‘targets’ do not know about the investigation. That means other people are involved in this case beyond Malinowski. The Agent also states that they worry about flight to avoid prosecution. That’s a stretch. Malinowski is not here illegally or has extensive criminal history. He’s a man that owns a home and has a job that ties him to the community. It seems this statement for the sealing order, that Malinowski is a flight risk, is an overreach.
The Affidavit
The beginning of the affidavit outlines the Agent’s experience with electronic eavesdropping, electronic surveillance, the GCA, etc. This is required so that he can prove to the judge that he is an expert. Up to page 14, the Agent gives a detailed explanation about gun trafficking and the 4473.
The affidavit also lists where they surveilled Malinowski at a gun show in Little Rock selling guns as an unlicensed gun dealer. They also list where they bought guns undercover from malinowski. It clearly shows that Malinowski was selling guns without a license in violation of federal law.
The Search Warrant Service
The warrant seems fine. The problems, obviously, are with the service. Let’s break it down.
First, this warrant was served on the last possible day. This means that they were, more than likely, rushing to comply with the time constraints.
The warrant was not authorizing a no knock warrant. For an early morning search warrant service, they needed to be so loud with their knock notice that neighbors could hear.
There was no need to serve the warrant while he was at home. They should have waited for him to leave, or ideally, pick him up at work. Doing this assures that there is a peaceful search warrant service. You contact him at work and search him and his vehicle, while other agents are at his house (which should be empty) and serving the warrant there.
Unlike a drug search warrant, no one is going to flush the evidence being sought down the toilet. Time was on their side. You do what is called a surround and call out. You surround the house, ensure everyone knows you’re the police, and call them out one at a time instead of breaking in the door and rushing in. That is reserved for violent criminals and people likely to destroy evidence.
Lastly, the FBI likes to bring up that all patrol officers should be wearing body cameras (BWC’s). But, the FBI and ATF have resisted the call to wear BWC’s. What is good for the goose is good for the gander. The FBI and ATF have had so many failed raids and investigations that it is time they used BWC’s. Even law enforcement has lost faith in the FBI.
Even cops have lost trust in the FBI. As for the ATF, I see few cops supporting them at all. To be honest, most street cops (the guys answering your 911 call) don’t even view them as real cops. This loss of confidence has been exacerbated by decades of botched investigations from Ruby Ridge to Operation Fast and Furious. Both agencies need to be more transparent than they have in the past, which is the opposite of transparent. It is apparent that mistakes were made in this operation. Had it been a local law enforcement agency, heads would be rolling right now. We never see that happening in federal agencies. Until there is accountability, expect more tragedies like this.
I agree KG that this could have been handled without tragedy. Arrest at the office and then search the residence. Few cases of this offense type would have probable cause for a search without probable cause for an arrest. It is noted in sec 13 that there is just cause to charge Malinowski. Despite it being associated with firearms, they're not after guns, they're after records, photos and SMS messages. This is a lot of violence for basically a white collar record keeping case. In a weird twist, the only part of Att B list of that is invalid are the firearms, firearm parts and ammunition, as it was all legally purchased and owned until he attempts to sell it illegally.
Sorry, great article and insights.