A subjective intent (Whren) argument not presented to the USMJ is rejected. Even if the court got to the merits, the exclusionary rule wouldn’t apply to an equal protection challenge. United States v. Lewis, 2022 U.S. Dist. LEXIS 115137 (S.D. Ga. June 29, 2022):
The defendant has pointed to no authority even suggesting that the exclusion of evidence is an appropriate remedy for an alleged violation of the Equal Protection Clause of the Fourteenth Amendment. (Doc. 41, pp. 5-6.) Other Courts to consider the question have determined that the exclusionary rule is inapplicable in this context. See, e.g., United States v. Foster, 2008 U.S. Dist. LEXIS 34672, 2008 WL 1927392, at *5 (M.D. Ala. Apr. 28, 2008) (“Indeed, I am aware of no court that has ever applied the exclusionary rule for a violation of the Fourteenth Amendment’s Equal Protection Clause.” (internal quotation marks, alterations, and citation omitted)). Therefore, the defendant’s objections are OVERRULED.