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>Decades later, in 1992, another high-profile prosecution of a federal official involved the siege of anti-government separatist Randall Weaver’s cabin near Ruby Ridge, Idaho.[33] Amid a controversial series of events, an FBI sniper accidentally killed Weaver’s unarmed wife, Vicki Weaver.[34] The U.S. Attorney General decided not to prosecute the sniper under federal law, but Idaho prosecutors charged him with involuntary manslaughter under state law.[35] After some uncertainty in prior court decisions, a split federal appeals court concluded that the Idaho case could tentatively go ahead because disputed facts left it unclear whether the sniper “acted in an objectively reasonable manner in carrying out [his] duties.”[36] A week after that decision, however, the newly elected county prosecutor in Idaho chose to drop the charges.[37]

And in a case from 2006, Wyoming prosecutors charged federal wildlife officers with trespass and littering for entering private land while collaring wolves as part of a federal monitoring program.[38] The Tenth Circuit concluded that the officers were immune from prosecution because they had an “objectively reasonable and well-founded” belief that they were on public land when conducting the collaring.[39] The court also concluded that the prosecution “was not a bona fide effort to punish a violation of Wyoming trespass law, which requires knowledge on the part of a trespasser, but rather an attempt to hinder a locally unpopular federal program.”[40]

Other recent high-profile cases include a Virginia prosecution of U.S. Park Police officers who shot and killed a man in 2017,[41] a Boston municipal court judge finding a U.S. Immigration and Customs Enforcement agent in contempt of court and referring the matter to the district attorney for prosecution after the agent detained a man in the middle of a municipal court trial,[42] and an Oregon prosecution of a Drug Enforcement Administration officer who hit and killed a cyclist in 2023 while pursuing a suspected fentanyl trafficker.[43] The first two cases were dismissed,[44] and the Oregon case is still pending in a federal appeals court.[45]





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