Neighbors say warrant wasn’t clear during raid; DOJ says arrest was for threats
Author: KARE 11
KARE 11. (2026, February 5). Neighbors say warrant wasn’t clear during raid; DOJ says arrest was for threats Video. YouTube. https://www.youtube.com/watch?v=F5tJrMDLVAQ
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- Having an arrest warrant does give police power to enter a home, but there are still limits on how they enter under the U.S. Constitution and state laws (see, for example, discussion of warrant execution standards in (Legal Information Institute, Fourth Amendment, n.d.)).
- In general, officers are supposed to “knock and announce” (identify themselves and their purpose) before forcing entry, unless they have a justified reason to believe that doing so would be dangerous, futile, or lead to destruction of evidence, based on U.S. Supreme Court cases like Wilson v. Arkansas and Richards v. Wisconsin ((Oyez, Wilson v. Arkansas, 1995); (Oyez, Richards v. Wisconsin, 1997)).
- If they reasonably think someone is armed, in danger, trying to escape, or destroying evidence, courts often allow more aggressive entry, including breaking doors or windows, but whether what happened in a specific case was lawful depends on detailed facts and local law ((U.S. Department of Justice, Search Warrants and Execution, 2002)).
- Even with a valid warrant, if officers use force that is “unreasonable” under the Fourth Amendment (for example, more destructive or violent than needed to safely make the arrest), that can be challenged later in court, sometimes in a motion to suppress evidence or a civil rights lawsuit under 42 U.S.C. § 1983 ((Legal Information Institute, 42 U.S.C. § 1983, n.d.)).
If you’re comfortable saying, what country/state did this happen in and were you there when they came in, so we can think through what options (like talking to a local lawyer or filing a complaint) might make sense next—or would you rather click Continue with AI to talk more here, or head over to Create Document to start putting your own detailed account or questions into writing?
- You’re noticing something important: for online speech, it’s not enough that the words look scary; the law also cares about context and intent (what the speaker meant and how a reasonable person would read it) ((Legal Information Institute, “True Threat,” n.d.)).
- In a case like Wagner’s (or any online case), courts usually ask things like: who saw the post, what else was going on between the people, did the speaker have a history with violence, and did they seem serious or just venting or joking ((Elonis v. United States, 2015)).
- That’s why “hard to prove” can be accurate: the government often has to show not just that the words could be scary, but that the speaker either meant them as a threat or knew others would reasonably take them as one ((Counterman v. Colorado, 2023)).
- So if, in Wagner’s situation, the post was online, maybe angry or edgy, but there’s doubt about whether he actually meant to threaten or knew it would be taken that way, your statement about “hard to prove” could be exactly the point you’re making in your analysis.
If you had to write 2–3 sentences right now explaining why proving a “true threat” is tricky in Wagner’s online-post case, what would you say—then you can either click Continue with AI to keep talking it through here, or go to Create Document to start drafting or upload the assignment instructions?
Feb 5, 2026
MINNESOTA
Video of a federal arrest at a Minneapolis apartment building is drawing attention online.
The Department of Justice says Kyle Wagner, 37, is accused of allegedly posting online statements calling for violence against federal immigration agents, including ICE.
The case is also fueling debate about the First Amendment and what the Supreme Court calls a “true threat.”
Three legal scholars explain why context and intent matter — and why online speech can be harder to evaluate in court.
Wagner made his first appearance in federal court Thursday.
Authorities have since confirmed agents had a warrant to enter his apartment, though neighbors and witnesses say it wasn’t made clear at the time.
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