STATE v. JOYCE

No. 87-3083.

529 So.2d 791 (1988)

The STATE of Florida, Appellant, v. James JOYCE, Appellee.

District Court of Appeal of Florida, Third District.

August 9, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellant.

Sheldon R. Zilbert, for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.


FERGUSON, Judge.

We reverse an order granting a motion to suppress and remand with instructions to reinstate the information.

Three City of Miami police officers, in marked vehicles, observed the defendant standing on a sidewalk drinking from a beer can. They drove up to the defendant intending to arrest him for a violation of a city ordinance which makes drinking in public a form of disorderly conduct. The ordinance provides:

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