The U.S. Supreme Court has held that selective prosecution occurs where the law enforcement officials or prosecutors have in pursuing a criminal case “directed so exclusively against a particular class of persons … with a mind so unequal and oppressive” that equal protection of the law has been negated by their efforts ..
While both Wayte and Armstrong address selective prosecution, the Supreme Court emphasized that selective enforcement is no different from other equal protection claims. Therefore, discriminatory purpose and discriminatory effect requirements also apply to selective enforcement.