Regardless of the allegations, Bud Cummins, the lawyer representing Malinowski's estate, has concerns about whether the ATF followed proper procedures executing the search and noted that the ATF has not released footage from Body Worn Cameras the agents are required to use, possibly violating administration policy established in the wake of major police-involved shootings.
The second video shows agents approaching the front door of the home where one officer applies what appears to be tape to obscure the doorbell camera on Malinowski's home.
According to the press release, the loud noise of the agents forcing entry into the home awoke the Malinowskis.
"The Malinowski home is almost 3000 square feet. It was 6am. Mr. Malinowski apparently had no idea he was under law enforcement scrutiny. The justification for the search involved suspicion of a crime carrying a puny 0-6-month U.S. Sentencing guideline range which typically results in a sentence of probation or more often probation ending with complete dismissal," he added.
You can read the affidavit below: File Malinowski Affidavit REDACTED.pdf In one instance described in the affidavit, Malinowski sold guns to undercover agents on January 27 at a gun show.
The undercover agents reported Malinowski was operating as a vendor at the gun show, with "Approximately 2-3 tables by himself." The "Tables MALINOWSKI was operating had a rack with AR style pistols, two containers with various pistols, and several boxes of various types of ammunition," the affidavit reads.
The federal investigators Malinowski violated federal gun laws by operating as a firearm seller without the proper licensing, a Federal Firearms License, or FFL. According to the U.S. code, it is unlawful for any person to "Except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce." Regardless of the allegations contained in the affidavit, Malinowski and Cummins believe the deadly use of force was probably unjustified given the circumstances.
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