Discriminatory Enforcement and Selective Prosecution

Do you think you were arrested for your race, religion, or political beliefs?

Police and prosecutors are not allowed to arrest or charge a person with a crime based on race, religion or political belief. If you believe you have been illegally arrested or charged, you may be able argue the defense of discriminatory enforcement or selective prosecution. Winning this claim will result in the dismissal of the charges.

What Is Discriminatory Enforcement?

Discriminatory enforcement may occur when anyone who is in a similar situation to another is charged, while the other is not. The strongest argument for dismissal is when a person is arrested or charged because of their race or religion, or when someone is exercising a constitutional right.

How do you make this claim?

These arguments must be made before trial. This is because whether you are guilty or not guilty of the offense charged does not matter in a claim of discriminatory enforcement. Before the court will grant a hearing, you must demonstrate that it is more likely than not that others in similar circumstances have not typically been charged for the same conduct; and that you were prosecuted or arrested based on improper factors like race, religion, or exercising a constitutional right.

A Minnesota-Specific Edge

Minnesota’s equal protection standards are even stricter than those under federal law. This means that challenges to facially discriminatory statutes—or claims of discriminatory enforcement—may have a greater chance of success in Minnesota courts.

Why It Matters

Allowing a case to proceed when it stems from intentional and purposeful discrimination sends a chilling message: that justice can depend on who you are, not what you did. Dismissing such cases is how courts push back, preserving the constitutional promise that all persons similarly circumstanced shall be treated alike.

Understanding and raising the defense of discriminatory enforcement isn’t just a legal strategy, it’s a demand for fairness in a system that must be vigilant against bias at every level.