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Federal Judge Orders DHS to Preserve evidence in Alex Pretti shooting
Table of Contents
A federal judge ordered the U.S. Department of Homeland Security (DHS) to preserve all evidence related to the fatal shooting of 37-year-old Alex Pretti by a Border Patrol agent in Minneapolis on Saturday, January 24, 2026.
Minnesota bureau of Criminal Apprehension (BCA) Inquiry
The Minnesota Bureau of Criminal Apprehension (BCA) initiated an investigation into the shooting, but faced obstruction from DHS officials. The BCA sought a temporary restraining order to compel DHS to preserve evidence and allow access to the shooting scene.
Definition / Direct Answer: U.S. District Court Judge Eric Tostrud granted the BCAS request for a temporary restraining order against DHS, preventing the agency from destroying or altering evidence related to the shooting.
Detail: State authorities alleged that DHS blocked access to the scene following the shooting and removed evidence. The lawsuit specifically targets actions that hindered the BCA’s ability to conduct a thorough investigation. The restraining order applies to all evidence removed from the scene and any evidence currently held by DHS.
Exmaple or Evidence: Judge Tostrud’s order, issued January 25, 2026, explicitly bars DHS “from destroying or altering evidence related to the fatal shooting involving federal officers,” as documented in the court filing.
Hennepin County Attorney’s Office Involvement
The Hennepin County Attorney’s Office joined the BCA in seeking the restraining order, indicating a potential for state prosecution related to the shooting. The office’s involvement underscores the seriousness of the allegations against DHS.
Definition / Direct Answer: The Hennepin County Attorney’s Office collaborated with the BCA to obtain the temporary restraining order, signaling a potential criminal investigation.
Detail: The joint effort between the BCA and the County Attorney’s Office demonstrates a unified approach to investigating the shooting and ensuring accountability. The County Attorney’s Office will likely review the evidence gathered by the BCA to determine if criminal charges are warranted.
Example or Evidence: The court document lists both the Minnesota Bureau of Criminal Apprehension and the Hennepin County Attorney’s Office as plaintiffs in the case against DHS.
U.S. Department of Homeland Security Response
As of January 26, 2026, DHS has not publicly commented on the judge’s order. The agency is expected to respond to the lawsuit in court.
Definition / Direct Answer: DHS has not yet issued a public statement regarding the temporary restraining order.
Detail: It is standard practice for government agencies to refrain from commenting on ongoing litigation. DHS will likely file a response with the court outlining its position on the allegations made by the BCA and the Hennepin County Attorney’s Office.
Example or Evidence: A search of the DHS news releases page as of January 26, 2026, does not contain any statements related to the Alex Pretti shooting or
