Bonta and Newsom reiterate state law enforcement has authority to investigate feds

After Minnesota’s local and state law enforcement were blocked from investigating the deaths of Renee Good and Alex Pretti, which occurred at the hands of federal agents, California is making sure that doesn’t happen to its own law enforcement agencies.

Governor Gavin Newsom and Attorney General Rob Bonta issued guidance on Tuesday to the state’s district attorneys, chiefs of police, sheriffs and state law enforcement agencies, clarifying they have jurisdiction to investigate federal wrongdoing, regardless of whether or not the federal government cooperates with them. The move comes after a pattern of federal non-compliance related to officer-involved shootings.

"California stands ready to take all necessary steps to investigate potentially unlawful conduct by federal agents that occurs on our soil, and where the facts warrant, file charges for violations of the California Penal Code,” said Bonta in a statement. “Let there be no question: State and local law enforcement in California have authority to investigate potential violations of state law, even when those violations are committed by federal agents.”

Background

Following Good’s death, Minnesota officials said in a statement that access to “evidence, witnesses and information is necessary to meet the investigative standard that Minnesota law and the public demands; without it, we cannot do so.” The FBI denied the state’s Bureau of Criminal Apprehension (BCA) access to evidence and has been the sole agency investigating the shooting.

In a post to X following Pretti’s death, the BCA said its agents and crime scene personnel attempted to access the location but were blocked by Department of Homeland Security (DHS) personnel. Minneapolis Police Chief Brian O’Hara said during a press conference that after officers were told they “were not needed,” he ordered them to stay and preserve the scene.

A Trump-appointed federal judge issued a Temporary Restraining Order blocking DHS and the Trump administration from “destroying or altering evidence” in the Pretti case after Minnesota officials sued.

California guidance

The California Department of Justice has reiterated its commitment to support state and local law enforcement in investigating incidents of federal misconduct, as well as saying it is prepared to request immediate relief in courts, similar to Minnesota’s move.

“While federal and state law enforcement have long collaborated on investigations that result in both federal and state criminal charges, unfortunately, as recent events in Minnesota have made clear, cooperation in the conduct of such investigations can no longer be expected from the federal government,” Bonta said in his statement. He continued, “this reality does not change our responsibility to conduct a thorough, independent investigation of potential state law crimes, and I promise that my office will do just that.”

As part of the guidance, the state’s DOJ advises that states have “independent authority” to investigate all violations of state law, even in instances where federal agents are the ones being investigated, or in cases when federal authorities decline to cooperate. 

The guidance states California law enforcement agencies should continue to follow standard practices when investigating crime scenes, and clarifies that agencies are not obligated to defer to federal law enforcement.

The attorney general’s office also recently launched an online portal urging Californians to report federal misconduct in the state. 

“Trump Administration officials have repeatedly lied to the American people. Given what has happened in Minnesota, we cannot outsource our fundamental duty to protect Californians by simply accepting federal narratives,” said Newsom in a statement. “Especially when a fatal shooting occurs, no one should be allowed to rush in, seize evidence and control the narrative before state and local law enforcement have lawful access … every state and local agency must remember its role, exercise its full authority and always ensure the protection of the people of this state. Transparency isn’t a talking point; it’s a legal and moral requirement.”