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Law enforcement investigation of individuals because of their race or ethnicity instead of direct evidence of wrongdoing is known as racial profiling and is likely to be found unconstitutional because it could not pass the ________.

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I believe the answer is: Racial profiling

In racial profiling, law enforcers would form a general perception that a certain crime tend to be done by the people from a specific race (usually the minorities) even without collective objective evidence. This tend to resulted in massive bias in their interpretation throughout the investigation.