MATTHEWS v. CITY OF BIRMINGHAM

CR 89-1600.

581 So.2d 15 (1991)

Hardy MATTHEWS, III v. CITY OF BIRMINGHAM.

Court of Criminal Appeals of Alabama.

April 26, 1991.


Attorney(s) appearing for the Case

Connie W. Parson, Birmingham, for appellant.

William O. MacMahon III, City Atty. and John M. Edens, Birmingham, for appellee.

Kenneth Smith, Montgomery, for amicus curiae Alabama League of Municipalities.

Bryan E. Morgan, Montgomery, for amicus curiae Alabama Dist. Attys. Ass'n.


TYSON, Judge.

On June 7, 1990, Hardy Matthews III was arrested and charged by a Birmingham police officer with drinking alcohol in public, possession of drug paraphernalia, and unlawful possession of a controlled substance. On the above date, Matthews was observed sitting in his automobile by the Birmingham officer while the officer was on routine patrol. As the officer approached the automobile, he noticed that the appellant was drinking a beer and that an open,...

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