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L.B.B. v. STATE

No. 2D07-3804.

998 So.2d 1217 (2009)

L.B.B., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 30, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Dawn Elizabeth Adams, Assistant Attorney General, Tampa, for Appellee.

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.

On April 12, 2007, a police officer stopped L...

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