* **Clear Violation of State Law:** The conduct must constitute a clear violation of a specific state criminal statute.

* **Outside the Scope of Federal Authority:** The agent must have acted outside the bounds of their authorized federal duties.

* **Federal Government Declines to Prosecute:** If the federal government decides not to pursue criminal charges, it opens the door for state prosecution (though it doesn’t guarantee it).

* **Egregious Misconduct:** Cases involving excessive force, abuse of power, or intentional disregard for state law are more likely to be pursued.

* **Local Political Climate:** The willingness of state and local prosecutors to pursue cases against federal agents can be influenced by the political climate and the relationship between state and federal governments.

(http://www.autoadmit.com/thread.php?thread_id=5819060&forum_id=2\u0026mark_id=5310486",#49572059)