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COMMONWEALTH v. LORA

SJC-10111.

451 Mass. 425 (2008)

COMMONWEALTH v. ANDRES LORA.

Supreme Judicial Court of Massachusetts, Worcester.

May 20, 2008.

Attorney(s) appearing for the Case

Christopher P. Hodgens, Assistant District Attorney, for the Commonwealth.

William S. Smith for the defendant.

Murray Kohn, Committee for Public Counsel Services, & John Reinstein & Randy S. Chapman, for Committee for Public Counsel Services & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

CORDY, J.

In this case, in which we granted the defendant's application for direct appellate review, we conclude that evidence of racial profiling1 is relevant in determining whether a traffic stop is the product of selective enforcement violative of the equal protection guarantee of the Massachusetts Declaration of Rights; and that evidence seized in the course of a stop violative of equal protection...

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