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.
I live in the Central Arkansas area this took place. It's the talk of the town. Brian also dealt with real estate in the area according to the South Arkansas Reckoning Substack. He probably wasn't going to flee.
This is yet another case that makes an ordinary person with no experience in such matters wonder why they can immediately rattle-off 3 or 4 methods that the suspect could have been apprehended with virtually no, or at least very little, fuss. Makes one wonder why it was so violent?
Is it the adrenaline rush of the raid? I’m sure it can be very exhilarating. But when an overwhelming force in battle gear raiding a civilian at the crack of dawn, really discredits the warrior ethos and the bad ass attitude unwarranted. It’s a cheap , nearly risk free method of grabbing an adrenaline rush, not unlike the user of narcotics.
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.
I live in the Central Arkansas area this took place. It's the talk of the town. Brian also dealt with real estate in the area according to the South Arkansas Reckoning Substack. He probably wasn't going to flee.
This is a curious case.
This is yet another case that makes an ordinary person with no experience in such matters wonder why they can immediately rattle-off 3 or 4 methods that the suspect could have been apprehended with virtually no, or at least very little, fuss. Makes one wonder why it was so violent?
Keith I really appreciate your level headed and concise communications style.
Is it the adrenaline rush of the raid? I’m sure it can be very exhilarating. But when an overwhelming force in battle gear raiding a civilian at the crack of dawn, really discredits the warrior ethos and the bad ass attitude unwarranted. It’s a cheap , nearly risk free method of grabbing an adrenaline rush, not unlike the user of narcotics.