Aug 062010
 
 August 6, 2010  Court, Surveillance

If you ride your bicycle without wearing a helmet in Texas, not only can you be arrested for that violation, but the officer can then search you. See FourthAmendment.com’s coverage of State v. Portillo, here:

Because Officer McOsker observed Portillo riding a bicycle without a helmet as required by the Dallas bicycle helmet ordinance, he was permitted to arrest Portillo for the ordinance violation and search Portillo incident to the arrest. Chimel, 395 U.S. at 763, 89 S.Ct. at 2040; see McGee, 105 S.W.3d at 615. Consequently, we find that the trial court clearly abused its discretion when it suppressed the evidence, here cocaine, which was the fruit of a lawful search conducted incident to a warrantless arrest for violation of a valid ordinance.

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