Many people when they are arrested feel discriminated against. Other drivers were drunker, worse criminals are not prosecuted an so on. This is not the kind of discrimination we are talking about here. When law enforcement targets a protected class of citizens then the defense can counterattack. An obvious example is where white officers target blacks for arrests. If that kind of behavior is suspected, in CA the defense can bring a Murgia motion.
What is a Murgia motion?
Murgia is the name of a famous case where evidence existed that a certain class of people were being targeted. Where this is the case and your attorney has some evidence of a plan to discriminate or statistical evidence which shows discrimination, he may bring such a motion. He must also show that similarly situated people could have been prosecuted but were not. If the court allows the defense to investigate or discover such practices the defense has gone a long way toward turning the focus of the case from the crime accused to police discrimination.
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