Lessons from the Death of Alex Pretti: Our Top 5 Constitutional Rights (And One More for Good Measure)

On January 24, 2026, the country witnessed another tragic confrontation between a U.S. citizen and federal law-enforcement agents in Minneapolis, Minnesota. Alex Jeffrey Pretti, a 37-year-old ICU nurse and Minneapolis resident, was shot and killed by a group of U.S. Border Patrol agents on a public street. The events surrounding his death — including video captured by bystanders, conflicting official accounts, and subsequent legal actions — raise urgent and profound questions about the meaning and protection of our most fundamental constitutional rights.

A Tragic Incident in Minnesota

According to state and local officials, Pretti was an American citizen — a lawful gun owner with a carry permit and no serious criminal history — who was in Minneapolis during protests and confrontations involving a large federal immigration enforcement presence. Videos circulating online appear to show him filming federal agents with a phone and attempting to help a woman being shoved to the ground. Witnesses say agents then sprayed him with chemical agents, tackled him, wrestled him to the ground, and ultimately shot him multiple times.

Number 1. The First Amendment — Free Speech and Peaceable Assembly

The First Amendment protects individuals' rights to free speech, press, peaceable assembly, and to petition the Government for a redress of grievances. Individuals have the right to document law enforcement activity and to protest or express dissent, so long as they do so peacefully.

Pretti was reportedly filming federal agents — protected speech under the First Amendment — and attempting to help another civilian. When government agents respond with force against someone simply documenting government conduct, it raises fundamental First Amendment concerns.

Can the Government Just Lie? Government officials do not have a constitutional "right" to lie about a critical incident, and the First Amendment does not shield official deception. The purpose of the First Amendment is to protect the public's ability to speak, observe, and hold government accountable. Lies by government officials can cross from speech into constitutional misconduct when they conceal wrongdoing, interfere with investigations, or deprive a victim's family of access to the courts.

Number 2. The Second Amendment — Right to Bear Arms

Pretti was a lawful gun owner with a Minnesota permit to carry, yet his firearm was visibly removed from his holster during the altercation before federal agents fired. Constitutional rights do not evaporate simply because a person engaging in protected activity happens to own a firearm. The right to bear arms does not give citizens an unbridled right to use force, but lawful possession should not alone justify deadly government action.

Number 3. The Third Amendment — Quartering of Soldiers (Or, "get the F*@k out of Minneapolis!")

While no one's door was literally kicked in, the broader issue of federal agents operating in large numbers within a community against local wishes evokes the historical fears that Third Amendment protections were meant to guard against: an occupying force imposing itself on civilian life without consent. The Mayor of Minneapolis, Jacob Frey, famously told ICE to "get the F*@k out of Minneapolis." This historical right reminds us of the importance of civilian authority and consent of the governed.

Number 4. The Fourth Amendment — Unreasonable Searches and Seizures

The Fourth Amendment protects against unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. The question in this case is whether federal agents had "cause" to seize Pretti.

Filming Police is Not Reasonable Suspicion. Recording officers — without interference, threats, or obstruction — does not create reasonable suspicion of criminal activity. In Terry v. Ohio, the Supreme Court made clear that officers must be able to articulate specific, objective facts suggesting criminal activity before detaining a person.

Coming to the Aid of Another is Not a Crime. The Fourth Amendment does not allow officers to detain or punish individuals simply for intervening verbally, offering assistance, or expressing concern. The Constitution does not permit law enforcement to convert civic concern into criminal conduct.

Even if detention were somehow justified, the Fourth Amendment imposes strict limits on the use of force. Under Graham v. Connor, lethal force is constitutionally permissible only when an officer has probable cause to believe the individual poses an immediate threat of serious physical harm.

Number 5. The Fifth Amendment — Due Process and Self-Incrimination

The Fifth Amendment guarantees that no person shall be deprived of life, liberty, or property without due process of law. At its core, due process demands that the government follow fair procedures before depriving any person of these fundamental rights. When federal agents engage in lethal force without clear legal justification, accountability through due process becomes critical — for victims, families, and the public.

One More for Good Measure: The Fourteenth Amendment — Equal Protection

The Fourteenth Amendment guarantees equal protection under the law. When government force is applied inconsistently — or when citizens are treated differently based on their perceived identity, associations, or political expression — equal protection claims arise. Every person in the United States, regardless of immigration status, race, or national origin, is entitled to equal protection of the laws.

Conclusion: Rights Only Matter If We Protect Them

The death of Alex Pretti is a sobering reminder that constitutional rights are not self-enforcing. They require vigilance, advocacy, and accountability. At The Rhodes Law Firm, we are committed to civil rights advocacy and ensuring that the principles enshrined in our Constitution are protected for every person. If you or someone you know has experienced a violation of constitutional rights, we are here to help.