L.B.B. v. State

VILLANTI, Judge.

L.B.B. challenges the trial court’s denial of his dispositive motion to suppress marijuana found incident to his arrest for riding a bicycle without a bell. L.B.B. argues that because a person cannot be arrested for a bicycle infraction, evidence discovered incident to his arrest for that infraction should have been suppressed. We agree and reverse.

*1218On April 12, 2007, a police officer stopped L.B.B. because he was riding a bicycle at night without a rear light. The officer then noticed that L.B.B.’s bicycle did not have a bell and arrested him pursuant to section 25-186 of the…