The Minnesota Department of Public Safety Bureau of Criminal Apprehension (BCA) has unlocked a cell phone that was used to capture video of a June 2021 incident in Minneapolis during which Winston Smith was fatally shot by law enforcement.

During its 2021 investigation, agents with the BCA Force Investigation Unit learned that Smith may have tried to record or livestream a video during the incident. Despite using the best technology available at the time they could not unlock the phone, and could not confirm that the video existed. 

Ultimately the case was provided to the Hennepin County Attorney’s Office for review, which referred the case to the Crow Wing County Attorney’s Office. After the county attorney declined charges, evidence from the case was returned to the Hennepin County Sheriff’s Office. 

After learning that another entity may have accessed the phone and found video, BCA agents re-obtained it from the sheriff’s office and on Nov. 13, 2023, once again installed unlocking software. Since that time, the software tried more than 780,000 password combinations. On Nov. 21, 2024, it unlocked the phone. BCA digital evidence examiners retrieved a video from the phone and can now independently confirm that it captures the incident. The BCA on Nov. 24 provided that video and associated reports to the Hennepin County Attorney’s Office, which now has custody of the case file.

“Our accredited digital evidence laboratory uses the most advanced unlocking software available to law enforcement,” said Superintendent Drew Evans. “Lawful access to evidence that is thwarted by evolving encryption technology is a constant challenge.”

The BCA is prohibited by law from providing specific information about investigative techniques.

The video is under review by the Hennepin County Attorney’s Office and is not public at this time. Once the review is complete, the BCA will make the video public and add it to the existing case file.

The BCA case file already includes information about how agents had been aware that the phone may contain video but could not independently confirm that the video existed.