Does the defense of selective prosecution have to be raised before trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Aguilar, 871 F.2d 1436 (9th Cir. 1989):
40 The defense of selective prosecution is waived unless properly raised before trial. United States v. Oaks, 508 F.2d 1403, 1404 (9th Cir.1974); United States v. Taylor, 562 F.2d 1345, 1356 (2d Cir.1977), cert. denied, 432 U.S. 909, 97 S.Ct. 2958, 53 L.Ed.2d 1083 (1977). Nonetheless, we do not address the applicability of these cases because of the government's failure to pursue this issue on appeal.
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