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https://www.bostonlawyerblog.com/two-new-sjc-opinions-refine-long-decision-on-suppressing-evidence-from-racially-motivated-stops/
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Two New SJC Opinions Refine Long Decision on Suppressing Evidence from Racially-Motivated Stops
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Considerable data shows that police stop Black people in the U.S. much more frequently than white people. At least some of these stops are motivated by racial profiling, implicit or explicit, in violation of the constitutional guarantee of equal protection. But how, in practice, can a Black defendant establish that the stop in his or her case was racially motivated—and use this fact to defeat a criminal charge? The Massachusetts Supreme Judicial Court tackled this issue with respect to traffic stops almost three years ago in its landmark decision in Commonwealth v. Long. Pointing out that “discriminatory enforcement of traffic laws is not a minor annoyance to those who are racially profiled,” but can have humiliating and even life-threatening consequences, the SJC gave defendants the possibility of an evidentiary hearing in which to challenge a stop on equal protection grounds, as opposed to under constitutional protections against unreasonable search and...
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