Judge Blocks Evidence Destruction in Border Patrol

It’s barely been 24 hours since the capturing death of 37-year-old Alex Pretti during a confrontation with U.S. Border Patrol brokers in Minneapolis on Saturday, but there are already a number of court filings and even a new lawsuit pertaining to the matter, in which a Minnesota District Court choose has entered a momentary restraining order (TRO). 

One of the salient options of the unrest in Minnesota is the battle of wills between state and local authorities and federal authorities, and we’re seeing that play out now in a swimsuit filed Saturday afternoon by the Minnesota Bureau of Criminal Apprehension (BCA) and the Hennepin County Attorney’s Office against Department of Homeland Security (DHS) Secretary Kristi Noem and other DHS officers, along with U.S. Attorney General Pam Bondi and FBI Director Kash Patel. In the 11-page grievance, Minnesota officers assert that federal authorities are impeding BCA’s capability to examine the capturing and search the next aid: 

a) Declare that Defendants’ ongoing denial of Plaintiffs’ access to evidence related to the deadly capturing on January 24, 2026, is unconstitutional and illegal;

b) Preliminarily and completely enjoin Defendants from destroying, altering, or concealing any such evidence;

c) Preliminarily and completely enjoin Defendants from persevering with to deny Plaintiffs access to any such evidence;

d) Award the Plaintiffs their prices and cheap attorneys’ charges; and

e) Order such other and additional aid as this Court deems just and acceptable.

The grievance is signed by Minnesota Attorney General Keith Ellison (particularly, officers in his workplace) on behalf of the BCA, as properly as the Hennepin County Attorney’s Office. In conjunction with the grievance, plaintiffs also filed a movement for TRO, in search of instant aid. 

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Late Saturday night, Minnesota District Court Judge Eric Tostrud (a Trump appointee) issued an order granting the TRO, but it is important to observe a number of issues about this order, the crux of which is as follows: 

1. Defendants, together with their workers, brokers, and anybody appearing in live performance with them, are ENJOINED from destroying or altering evidence associated to the deadly capturing involving federal officers that passed off in or around twenty sixth Street and Nicollet Avenue in Minneapolis on January 24, 2026, including but not restricted to evidence that Defendants and those working on their behalf eliminated from the scene and/or evidence that Defendants have taken into their exclusive custody.

2. Plaintiffs shall serve Defendants with a copy of their Motion, all supporting papers, and this Order by not later than Sunday, January 25, 2026, at 9:00 a.m.

3. A listening to will likely be held in Courtroom 7D of the Warren E. Burger Federal Building and United States Courthouse, 316 N. Robert Street, St. Paul, Minnesota 55101, on Monday, January 26, 2026, at 2:00 p.m. relating to any objections Defendants could have to this Order’s entry and whether or not this Order ought to stay in impact.

First, as indicated by its identify, a TRO is momentary — a momentary pause ordered by the court in order to permit issues to get sorted out. 

Second, the order only grants the plaintiffs one of the objects of aid requested, specifically that federal authorities not destroy or alter any evidence, which, one would hope/count on they might not be doing anyway (recognizing that, at some level, there’ll possible be ballistics testing of the firearms concerned, but…again, we’re only 24 hours post-incident). 

Third, the court set the matter for listening to tomorrow (Monday) afternoon in order to decide “whether this Order should remain in effect.” It could; it might not. The choose desires a probability to hear from the DHS/DOJ and better assess the scenario. 

That’s the state of play at the second. PinkState will continue to comply with this story and present any updates as warranted. 

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