In practical effect, this would be a device to transform ICE’s #obstruction into not just a violation of #state #law, but also of a #federal-court order.

#Criminal #liability by its nature comes too late to stop harms from happening. #States such as #Minnesota should also look to #CivilLaw as a basis for stopping baleful & unlawful #ICE tactics. This also requires some creative thinking—taking a legal tool designed for other purposes & fitting it to our new reality.

#Minnesota, & other #BlueStates, should also enact new laws that make #federal #obstruction harder. The #AlexPretti case shows that #ICE officials were willing to ignore a #state-court #warrant. Perhaps anticipating that, Minnesota officials went to federal court on Saturday, potentially after the scene of Pretti’s #shooting had been compromised, & obtained a temporary restraining order about #evidence preservation. The legal basis for such orders, however, may be fragile.

#law

When a #shooting victim then dies, penalties in #Minnesota for failing to aid the injured person can involve up to 2 yrs imprisonment.

In l #AlexPretti’s case, the #obstruction of key #evidence-gathering steps gives #state #prosecutors another potent opening, especially because #ICE agents acted in overt defiance of a #judicial #warrant. Minnesota has a #criminal #ObstructionOfJustice statute that applies to situations in which someone prevents officers from carrying out official duties.

#law

As a result, key forensic #evidence was almost certainly lost. This comes after state officials were excluded from the investigation into #ReneeGood’s death.

#Federal #obstruction of #Minnesota’s #criminal investigation merits more creative pushback from the #state: Leaving investigations in the hands of #DHS alone sends a powerful message to #ICE officers.

#law