People v. Kail

501 N.E.2d 979 (1986)

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Nature of the Case

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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.