State v. Portillo

OPINION

GUADALUPE RIVERA, Justice.

The State appeals from an order granting Appellee Sergio Portillo’s motion to suppress evidence that was discovered during a search made incident to Portillo’s arrest for failing to wear a bicycle helmet as required by Dallas’s bicycle helmet ordinance. Portillo challenged the lawfulness of his arrest before the trial court by asserting that the Dallas ordinance was invalid and improperly enforced. We reverse.

BACKGROUND

Justin McOsker, a Dallas Police Department officer, observed Sergio Portillo rid ing a bicycle without a protective helmet in violation of…