District court did not err in denying defendant’s motion for dismissal of indictment on claim of race-based selective enforcement by deputy sheriff

RACIAL PROFILING United States v. Alcaraz-Arellano, No. 04-3230, ___ F.3d ___ (10th Cir. Mar. 30, 2006)(Kansas). Appeal of district court’s denial of motions for discovery and dismissal of indictment in case where drug evidence was found in defendant’s car incident to traffic stop allegedly motivated by deputy’s race-based enforcement of traffic laws. HELD: District court did not err in denying defendant’s motions for discovery and dismissal of indictment. Despite evidence that 34% of motorists stopped for traffic violations by particular deputy were Hispanic, and despite evidence that deputy in question did not usually stop motorists until he had pulled alongside their vehicle and personally observed their appearance to determine ethnicity, defendant was not entitled to discovery or dismissal of indictment on selective enforcement claim. While evidence of deputy’s actions were troubling, district court determined as factual matter, based on deputy’s testimony, that decision to stop defendant’s vehicle was made solely on basis of radar determination of defendant’s vehicle’s speed well before officer observed defendant’s physical appearance. Because district court made factual finding that deputy’s decision to stop defendant in this specific case was made before knowing defendant’s race, defendant failed meet burden of showing that traffic stop in his case was result of race-based selective enforcement. Thus, defendant’s motions for discovery and dismissal of indictment were properly denied. Read the opinion here.