Petitioner filed a motion under the RJA (PC 745(a)(1)) alleging police showed racial bias when they stopped and searched his car. The trial court denied the motion, finding petitioner failed to show a prima facie violation of the RJA. In a case of first impression, the Court of Appeal holds the RJA prima facie standard is less stringent than in habeas proceedings and requires only a “substantial likelihood” the RJA has been violated. Finding the trial court applied the wrong legal standard and improperly weighed evidence, the Court of Appeal issues the writ directing the trial court to conduct a new hearing under the correct standard.
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