Commonwealth v. Lora

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 viola-tive of equal protection should, ordinarily, be excluded at trial.2 We also conclude that statistical evidence demonstrating disparate treatment of persons based on their race may be offered to meet the defendant’s burden to…