State v. Ross

In State v. Ross, 335 N.J. Super. 536, 763 A.2d 281 (App.Div.2000), the Court permitted defendant to raise an issue of "racial profiling" on direct appeal because the issue "was raised" at trial, "although defendant failed to present any evidence of selective enforcement." Id. at 541, 763 A.2d 281. Defendant had argued at the motion to suppress that counsel "believed" that racial profiling existed and was involved in the case. Ibid.