A federal judge lifted an emergency order that prevented federal agencies from destroying or altering evidence related to the fatal shooting of Alex Pretti by ICE agents in Minneapolis. The judge stated that federal officials provided enough assurances that they would keep materials gathered from the scene.
U.S. District Judge Eric Tostrud ended the temporary restraining order he issued on the day of the shooting. He concluded that “the greater weight of the evidence shows Defendants are not likely to destroy or improperly alter evidence related to Mr. Pretti’s shooting during the life of this case.”
Tostrud imposed the preservation requirement at the request of the Minnesota Bureau of Criminal Apprehension and the Hennepin County attorney’s office. They sought court intervention after claiming federal investigators restricted state access to the scene and key evidence shortly after Pretti died. The state and county also argued that without a court order, their ability to conduct an independent investigation could be harmed.
In lifting the order, Tostrud said the court no longer needed to oversee evidence handling because federal agencies promised to keep relevant materials, according to Reuters. Fox 9 reported that Tostrud noted federal investigators were unlikely to destroy evidence and acknowledged federal commitments about preservation.
This ruling comes as Minnesota officials continue to investigate the Jan. 24 shooting, which happened during a tense time of immigration enforcement and protests in Minneapolis. The case has sparked significant disputes between federal and local authorities regarding the events and control of evidence collected immediately after.
Reuters reported that the Minnesota BCA and the Hennepin County attorney sued the Department of Homeland Security after claiming federal agents prevented state investigators from promptly processing the scene, despite the state having a search warrant. Fox 9 also reported the BCA stated federal authorities denied access to the scene.
Tostrud, a Trump appointee, issued the emergency preservation order on the day of the shooting as the lawsuit began and as state and county officials sought immediate protections against losing physical and digital evidence, including videos and other records.
The judge’s decision to lift the order does not end the ongoing lawsuit. The state and county continue to seek cooperation and access to evidence while their investigation moves forward, and federal agencies are conducting their own reviews. Reuters reported that the Justice Department opened a civil rights investigation into the shooting.
The judge’s latest order focused on whether to keep the emergency preservation directive in place. In his 18-page decision, he found that the record contained competing claims but determined that the balance favored lifting the order due to credible assurances from federal officials about maintaining evidence.
This decision coincided with a report from Reuters that Homeland Security Secretary Kristi Noem announced DHS would introduce body-worn cameras, starting in Minneapolis and expanding more widely, after the operations there drew national attention and criticism.
Public debate around the Pretti killing has been intense, partly because state and local leaders have demanded transparency. Early federal statements about high-profile shootings related to immigration enforcement have faced pushback in Minnesota. Reuters reported that Tostrud pointed out concerns regarding politically charged messaging by administration officials after the shooting, but he stated those concerns did not warrant continuing the preservation order in court now that federal agencies committed to maintaining evidence.
Tostrud’s order returns the dispute to standard litigation and investigative coordination instead of emergency court supervision. However, it leaves unanswered the main questions that prompted the initial filing: what evidence exists, who controls it, and how quickly state investigators can access it to conduct an independent review of the shooting.
