ATF Agent Shot

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  • chipbennett

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    The Supreme Court has recognized several exceptions to the warrant requirement rule, including immediate loss of evidence under the exigent circumstances rule. Not saying that this fits this particular situation, I don't feel that it does. But that rule is a thing.
    SCOTUS gets things wrong all the time; regardless, this incident clearly doesn't fall under any made-up, extra-constitutional "exigent circumstances" exception to 4A. And further: they did have the search warrant, so "exigent circumstances" wouldn't apply, anyway. They had this guy on buying and selling firearms for profit without having an FFL. It's a procedure crime, not a violent crime. Show up to his house in broad daylight, without the SWAT team.
     

    Route 45

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    SCOTUS gets things wrong all the time; regardless, this incident clearly doesn't fall under any made-up, extra-constitutional "exigent circumstances" exception to 4A. And further: they did have the search warrant, so "exigent circumstances" wouldn't apply, anyway. They had this guy on buying and selling firearms for profit without having an FFL. It's a procedure crime, not a violent crime. Show up to his house in broad daylight, without the SWAT team.
    I was just addressing your comment that there is no exception to 4th Amendment rights to prevent evidence destruction. There indeed is, and it's the standard until it is overturned. That's the way it works.

    I wasn't responding within the particular framework of this event, which was a search authroized by warrant and does not have a "destruction of evidence" issue in play. The only 4th Amendment issue at play here is perhaps whether the search was "reasonable," given the totality of the circumstances. You'll get no argument from me regarding the warrant service. Clearly this 6am raid was unreasonable and unnecessary.
     

    Cameramonkey

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    I was just addressing your comment that there is no exception to 4th Amendment rights to prevent evidence destruction. There indeed is, and it's the standard until it is overturned. That's the way it works.

    I wasn't responding within the particular framework of this event, which was a search authroized by warrant and does not have a "destruction of evidence" issue in play. The only 4th Amendment issue at play here is perhaps whether the search was "reasonable," given the totality of the circumstances. You'll get no argument from me regarding the warrant service. Clearly this 6am raid was unreasonable and unnecessary.
    Its not reasonable to do a 6am no knock. Its for shock and awe value. And to be able to frog march him out in his PJs. They wanted to flex and make an example out of him. Or get a little extra-judicial punishment, much like a beat cop may roughly handle a perp that did something heinous instead of just calmly cuff him.

    As somebody said upthread, this is a process crime. The crime has already been committed and the illegal guns are already gone.

    I cant say they wanted him dead. But they at least wanted the rest of us to take notice.
     

    D.R.SCOTT

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    Yeah, a no knock at that hour against a gun guy is asking for a murder. Or murders in this case.

    As others have said, Wait for him to go to work and execute it there. Or pull him over.
    He's away from home and his big guns.
    He cant destroy evidence because he's not there to do so. Which would be one explanation for a no knock.

    And by the side of the road or in his office parking lot, you dont have to worry about hurting his wife or kids.

    You're thinking like somone who doesn't want to murder someone in thier home and would rather serve the public and protect innocents. It wasn't done this way for a reason.
     

    KellyinAvon

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    The story is not gone...

    Arkansas senators say Clinton airport exec. killed by ATF with no bodycam: 'Violation of its own policy'

    Bryan Malinowski died days after he was shot as ATF agents were attempting to serve a search warrant at his Little Rock home

     

    Cameramonkey

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    How convenient.

    My next question would be whether these agents had them issued at all. Did they have them and then all "forgot" to use them, or did they ignore a 2 year old policy outright?

    Is there footage from these agents on other activities showing they have them?

    If its the former that raises even more questions.
     
    Last edited:

    jwamplerusa

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    The story is not gone...

    Arkansas senators say Clinton airport exec. killed by ATF with no bodycam: 'Violation of its own policy'

    Bryan Malinowski died days after he was shot as ATF agents were attempting to serve a search warrant at his Little Rock home

    Charge them with murder, and let discovery begin.

    Wonder if a blank warrant was in their possession?
     

    Cameramonkey

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    The fact he worked in a GFZ still comes up in my mind. And it’s not like the wife at home could flush the evidence down the toilet.
    As stated before, its about the optics. Make the rest of us afraid that will happen to us if we step out of line. Rule by fear.
     

    bobzilla

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    As stated before, its about the optics. Make the rest of us afraid that will happen to us if we step out of line. Rule by fear.
    This is it exactly. They didn’t give two shits about his “legality”, they wanted to send a message to all gun owners. Especially considering their new ruling on private sales. The timing is impeccable
     

    bobzilla

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