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2.3 Equal Protection Challenges to Police Action This section covers general considerations relevant to all equal protection challenges to police action. For application of these principles to specific investigative actions, such as stops or arrests, see the relevant sections below. A. Equal Protection Claims May Strengthen Fourth Amendment Challenges Equal protection challenges to racially-motivated police action and challenges under the Fourth Amendment to the State’s assertion of reasonable suspicion or probable cause are often mutually reinforcing, and defense attorneys may benefit by raising them in tandem. Generally, evidence of an officer’s racially-motivated purpose cannot be considered in the Fourth Amendment context. See Whren v. United States, 517 U.S. 806, 813 (1996) (“[T]he constitutional basis for objecting to intentionally discriminatory application of laws is the Equal Protection Clause, not the Fourth Amendment. Subjective intentions play no role in ordinary, probable-...