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In determining whether a pre-textual stop has occurred, Florida courts will look to whether a "reasonable officer" would have stopped the person for the violation absent some additional purpose. For example, if the bicyclist was causing a hazard on the roadway then it would be difficult to show that a stop was pre-textual.
What many people are not aware of is that is that if a police officer stops a person for suspicion of committing a civil infraction or for violating a municipal ordinance, then they are only permitted to detain the person long enough to write a ticket or issue a citation. In Florida a full custodial arrest is not permitted for a violation of a municipal ordinance or civil infraction.
In most circumstances, if there is no probable cause for a search then the only way that it is permissible is if a person gives consent for the search. The police frequently prey on people's ignorance to this law and will often use intimidation in order to get a person to consent to a search that they otherwise would not have consented to. DO NOT EVER CONSENT TO A SEARCH OF YOUR HOME, PERSON, VEHICLE OR BELONGINGS. If the police have a valid legal basis to search you then they will not ask for your consent because it is not required, however if the police DO ask a person for their consent prior to conducting a search, then that is often an indicator that the officer knows that the search would be impermissible absent consent, so do not give it to them. Always be respectful and cooperative when dealing with law enforcement, but never consent to a search and if you do get arrested, contact Quinn Law, P.A. at (954) 463-0440 right away for an evaluation of the circumstances which led to your arrest.