P. v. Flores CA3
In an ethnically diverse nation where the consideration of race in the enforcement of laws is tightly circumscribed by legal doctrine and policy directives, and where no one dare acknowledge even a trace of bias, transparency is a challenge, and difficulties abound in determining whether law enforcement actions on a particular occasion were impermissibly influenced by a suspect’s race. We consider here the rules that have evolved for the review of claims that law enforcement judgment was clouded by racial factors so that an ensuing criminal investigation and prosecution should be set aside. Because the prosecution is based largely on the outcome of a search of the minority defendant’s vehicle, we consider rules applicable to evaluating a claim of pretext in connection with a traffic stop and the resulting vehicle search as well as rules governing a defendant’s request for discovery of information that might assist in establishing pretext.
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