By Bo Tefu and Antonio Ray Harvey | California Black Media
Gov. Gavin Newsom and California Attorney General Rob Bonta issued a bulletin Jan. 27 reminding state and local law enforcement agencies that they have the authority to investigate potential violations of state law committed by federal agents, even when federal authorities do not cooperate.
The guidance, released by the California Department of Justice (DOJ), emphasizes that local and state police have concurrent jurisdiction in cases involving federal officers and are not required to defer to federal investigations. The bulletin follows recent federal officer-involved shooting deaths in Minnesota and California.
The bulletin states that federal and state law enforcement have long worked together on investigations that can result in both federal and state charges, but recent actions by the federal government have raised concerns about obstruction and a lack of transparency. California officials say those developments require state and local agencies to be prepared to assert their legal authority.
“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,” said Newsom. “Transparency isn’t a talking point; it’s a legal and moral requirement.”
Bonta said federal agents do not have absolute immunity from state criminal prosecution and warned against claims suggesting otherwise.
“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,” said Bonta. “Federal courts have long recognized that federal agents do not have absolute immunity from state law prosecution.”
The bulletin advises agencies that states have primary authority to investigate and prosecute violations of state criminal law, including cases involving federal officers. It also notes that the California DOJ is available to assist local agencies and can seek court orders to preserve evidence or secure access to crime scenes if needed.
California officials pointed to a Minnesota case in which a Trump-appointed federal judge ordered the federal government not to destroy evidence amid allegations that federal authorities interfered with a state investigation into a fatal shooting involving a federal officer.
The move comes amid broader legal battles between California and the Trump administration over federal law enforcement practices. In recent months, Bonta has led or joined court filings challenging federal deployments and enforcement actions, while Newsom has opposed what state leaders describe as unlawful federal overreach.
The DOJ encouraged Californians to report alleged misconduct by federal agents through its online reporting portal, saying the state stands ready to investigate and, where warranted, pursue charges under the California Penal Code.
