HORSLEY v. STATE

No. 98-02546.

734 So.2d 525 (1999)

Cornell HORSLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 26, 1999.


Attorney(s) appearing for the Case

John Thor White, St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Cornell Horsley appeals the denial of his motion to suppress, alleging his warrantless arrest was without probable cause or a reasonable suspicion. We concur and reverse.

Cornell Horsley, standing near the walkup window of a take-out restaurant in St. Petersburg, was arrested for violation of a municipal ordinance banning the possession of open containers of alcoholic beverages. A police officer found an open bottle of beer on the ground...

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