Pinellas County Florida Criminal Lawyer Blog

Can I be pulled over by the police when my stereo is too loud?

According to the 2nd and 5th District Courts of Appeal, the answer is no.

Florida Statute 316.3045, the statute which controls how loud your stereo can be, has been deemed unconstitutional.
I won't pretend to be a 1st Amendment (freedom of speech) expert, but here's the basic reason why. In order to control anyone's speech in any public place - the statute must pass various constitutional tests. One of those tests is called "content neutral" - which means whatever type of speech the government is trying to regulate can't be of only one certain content. For example, they can't pass a law regulating the speech of those who are proponents of one issue and allow the speech of those who are against that issue.

In this case, the statute says that any "noise" that one can hear within 25 feet of where it's being played is illegal - unless it's political speech or used in the normal course of business.
The US Supreme Court says music is speech. So by regulating music from a car, but allowing political or religious speech at the same sound level by a car parked next to it - Florida has enacted a law which is NOT content neutral and therefore unconstitutional.

Remember the Blues Brothers? They put a speaker on their car to advertise their upcoming show. Because that is a business purpose (marketing), under the Florida law it would be allowed. However, if they merely played their music from their car, under Florida law that wouldn't be allowed.

Interestingly, although two Florida District Courts of Appeal have reached this conclusion, the Supreme Court hasn't ruled on it yet and the law remains on the books. So what happens if you get pulled over for a noise violation? First of all it's a non-moving traffic violation, so you can't be arrested for it. Secondly, after the officer is done giving you the ticket, unless he sees or smells something that gives him probable cause, he can't search your car. As you all know, all the cop has to say is that he smelled marijuana, and he's good. You all know, if the cop wants to search, he'll smell it.

There have been several fatal or almost fatal accidents in Pinellas, Pasco, and Hernando counties involving police chases lately.  Interestingly, many of these counties have a no chase policy with some exceptions. 

For example, yesterday in St. Petersburg, on a routine stop for a drug violation, the driver rammed into a police cruiser.  Because the ramming was an aggravated battery of a law enforcment officer, the police were allowed to chase.  St. Petersburg otherwise has a no chase policy unless in pursuit of someone who has committed a violent crime.  (See St. Petersburg Times 7/7/11) 

Over the weekend a Hernando deputy was killed when he lost control of his car while he was in high pursuit of a suspected DUI driver. (Hernando chase)   Hernando County allows it's deputies to chase even misdemeanors apparently.  Hopefully that policy will change.

Last month in Pasco County a woman who escaped her handcuffs and someone got out of the back of a cop car and back into her truck (where the keys to the truck were still in the truck) fled the scene and killed a motorcyclist in Hernando County.  The Pasco Sheriff's Office has yet to release the internal report on how this happened.  (St. Pete Times 5/16/11)

Because fleeing and eluding law enforcment officers is so dangerous - the law surrounding it is complicated.  Years ago, the cop car had to be marked with lights and siren going for someone to be charged with fleeing and eluding.  Not neccessarily anymore.  In fact part of the law now states that if you flee from a traffic accident (otherwise known as leaving the scene) and damage proprtey or people, you can be charged with fleeing and eluding. 

If you've been charged with fleeing and eluding - CALL US.  There are sometimes minimum mandatory sentences and the loss of your driver's license that are part of the punishment - talk to an attorney before you plea!!!