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STATE v. SMITH

No. 90-02600.

584 So.2d 145 (1991)

STATE of Florida, Appellant, v. Thomas Lee SMITH, Appellee.

District Court of Appeal of Florida, Second District.

August 9, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellant.

Elliott C. Metcalfe, Jr., Public Defender, and Laurence L. Eger and Jerome L. Meisner, Asst. Public Defenders, Sarasota, for appellee.

ALTENBERND, Judge.

The state appeals an order granting Thomas Lee Smith's motion to suppress. The trial court suppressed evidence of drugs seized during the defendant's arrest for violation of a county open container ordinance. Sarasota County, Fla., Ordinance 87-41 (1987). Although we agree with the trial court that the criminal sanction contained in the county's ordinance has been superseded by a noncriminal state statute, we reverse the suppression order because...

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