CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...That prohibition, read in conjunction with the counterpart requirement that "every motor vehicle ... be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise," Section 316.272(1), Florida Statutes (1979), compels the conclusion that this equipment requirement applies to motorcycles....
...Therefore, contrary to the trial court's opinion, it was not "impossible" for an officer to entertain a reasonable suspicion that a violation of this statute was being committed in his presence. The second conclusion of the trial court was that even if, arguendo, Section 316.272(1) were applicable to motorcycles, the officer, admittedly not equipped with any sound level measuring equipment, could not by his own sense of hearing determine whether the noise of the defendant's motorcycle was in excess of the sta...
...didn't expound on that because there is no way we could have clocked him and I requested to see his driver's license." Thus, having heard what he believed to be excessive noise, the officer had a founded and articulable suspicion that a violation of Section 316.272(1) was occurring, justifying a stop to examine the exhaust system of the motorcycle....
...e appeared to be extremely faded and covered with glue, that dispute is a credibility issue to be resolved by the trial court). Lastly, the trial court's finding that because the defendant was not ultimately arrested or prosecuted for a violation of Section 316.272(1), the stop for an investigation of that offense was, ipso facto, pretextual, [4] is without basis in the law....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1990 WL 59192
...The trial court expressly did not address the issue of the validity of the defendants' consent to search the vehicle, so that issue remains for determination by the trial court after remand. REVERSED and REMANDED. GOSHORN and PETERSON, JJ., concur. NOTES [1] See § 316.272(1), Fla....
