STATE v. ALLEN

No. 4D11-4389.

110 So.3d 484 (2013)

STATE of Florida, Appellant, v. Summer ALLEN, Appellee.

District Court of Appeal of Florida, Fourth District.

March 13, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellant.

Howard Finkelstein , Public Defender, and Sarah W. Sandler , Assistant Public Defender, Fort Lauderdale, for appellee.


PER CURIAM.

Appellee Summer Allen was stopped pursuant to section 316.3045(1)(a), Florida Statutes (2010), which made it unlawful for a person operating a motor vehicle to operate the radio loud enough to be plainly audible twenty-five feet or more from the motor vehicle. She was subsequently searched and charged with driving while license suspended and possession of Alprazolam. After her arrest, the statute authorizing the stop was declared unconstitutional by

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