At the suppression hearing in this federal criminal case, the
district court explicitly relied on Petitioner's race to conclude
that there was reasonable suspicion to support the police's
warrantless seizure and subsequent frisk of his person. On
direct appeal, the Fourth Circuit concluded that "the district
court's repeated reference to [Petitioner's] race during the
suppression hearing was clearly improper." United States v.
Kehoe , 893 F.3d 232, 240 (4th Cir. 2018).
The Fourth Circuit nevertheless affirmed the district court's
denial of Mr. Kehoe's suppression motion because, the court of
appeals concluded, "the district court's references to
[Petitioner's] race at the suppression hearing did not prejudice
him, and so do not require reversal." Id. at 241. This Court has
recognized, however, that the right to an impartial judge is so
fundam ental that a violation thereof is a structural error.
The question presented is whether the clearly improper use of a
person's race by a judge to support a finding of reasonable
suspicion justif ying a warra ntless search and seizure is structural
error or whether it is subject to harm less error review.

Whether the clearly improper use of a person's race by a judge to support a finding of reasonable suspicion justifying a warrantless search and seizure is structural error or whether it is subject to harmless error review