People v. Kai

501 N.E.2d 979 (1986)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was riding a bicycle on a business sidewalk in the city of Champaign. D was stopped by a patrol officer under a police-department policy requiring strict enforcement of all laws against suspected prostitutes. The patrol officer suspected D to be a prostitute, and she would not have stopped D if she did not so suspect. D's bicycle lacked a bell. Riding a bicycle on a business sidewalk and failing to equip the bicycle with a bell are violations of the Champaign city ordinances. D was charged with failing to have a bell on her bicycle. D lacked both adequate proof of identification and $50 to post bond and was arrested. The officer performed a 'pat-down' search, handcuffed D and drove her to the police station where she was to be jailed until she could produce bond or proof of identification. Preliminary to placing her in a cell, defendant was subjected to an inventory search during the course of which police uncovered cannabis. D moved to suppress the cannabis. That was denied, and D was convicted and sentenced to 12 months. This appeal followed.