Hennepin County Attorney Accuses DHS of Blocking Shooting Scene Despite Judge’s Warrant
Minnesota officials are disputing federal control over the investigation into the fatal shooting of Alex Pretti after the county’s top prosecutor said state agents were physically blocked from the scene despite a judge’s warrant.
Hennepin County Attorney Mary Moriarty said federal agents prevented Bureau of Criminal Apprehension investigators from entering the Minneapolis scene where Pretti was shot and killed by Border Patrol agents earlier this month.
According to Moriarty, her office had a staff member on the ground and was coordinating with the BCA throughout the day. She said DHS agents stood “about two feet apart with large batons” and refused to allow state investigators to cross the perimeter even after a warrant signed by a judge authorized entry.
Federal authorities later asserted exclusive jurisdiction over the case, cutting off state access to evidence, interviews, and body-camera footage, according to Minnesota officials.
The refusal has triggered concern inside state law enforcement and prosecutors’ offices, where officials say independent review is necessary to determine whether criminal charges could apply under Minnesota law.
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“This was not a request — it was a lawful court order,” Moriarty said during a live interview, describing the scene access denial.
DHS has not publicly responded to the specific warrant allegation and has not released investigative materials related to the shooting. Federal officials have maintained that the case falls under federal authority due to the agents’ status.
The dispute raises unresolved legal questions about whether federal officers can override a state judge’s warrant and what recourse state prosecutors have when federal agencies decline cooperation.
Minnesota officials are now weighing legal options to compel access as scrutiny over federal use-of-force investigations continues.
For now, the investigation remains entirely in federal hands.
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