Florida Search and Seizure finally makes sense?
In a recent case from Tampa, Florida, the police stopped a kid for not having a bell on his bicycle. According to the Tampa Florida City Ordinances, it is illegal to ride a bike without a bell.
Beyond the obvious question of: "Why take time making these ridiculous rules?" is - "Don't these cops have something better to do?" Apparently not. When the cop stopped the kid for not having the bell, he arrested him and searched him. In a search incident to the arrest the cop found marijuana. (See Fla. L. Weekly D261b - L.B.B. v. State of Florida, 2DCA, January 30, 2009) Luckily, the higher courts decided that a person cannot be arrested and searched for a bicylcle related city ordinance because it's a non-criminal infraction.
In Florida, apparently, you are safe from unlawful search and seizure if you don't have a bell for your bicycle. But it doesn't mean the police can't stop you and give you a ticket. Surely, they must have something better to do.
