REUBEN LAVERN WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ZEHMER, Judge.
Appellant appeals his conviction for possession of cocaine and violation of an ordinance of the City of Gainesville that prohibits a person from consuming or having in his possession in certain locations alcoholic beverages in an open container. He complains that the trial court erred in denying his motion to suppress the cocaine seized upon his arrest for violating the open-container ordinance because the ordinance is unconstitutional.
It seems to be well-established that a seizure made by an officer with probable cause and in good faith under an ordinance that is thereafter declared unconstitutional is not thereby rendered illegal. The finding of unconstitutionality of the ordinance does not vitiate the good faith actions of the officer. Michigan v. DiFilippo, 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979). Accordingly, we find no error in denying the motion to suppress. It is unnecessary, therefore, to reach the constitutional arguments presented by appellant.
AFFIRMED.
SMITH and BARFIELD, JJ., concur.
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State v. Smith, 584 So. 2d 145 (Fla. 2d DCA 1991)…w, authorize an arrest in this case, our decision does not require the suppression of the evidence. See DeFillippo. See also State v. Joyce, 529 So. 2d 791 (Fla. 3d DCA 1988); McCrimmon v. State, 505 So. 2d 13 (Fla. 5th DCA 1987); Williams v. State, 491 So. 2d 611 (Fla. 1st DCA 1986). This ordinance had been duly promulgated and was presumptively valid at the time of this arrest. As the United States Supreme Court has observed: Police are charged to enforce laws until and unless they are declared unconstitut…
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State v. Joyce, 529 So. 2d 791 (Fla. 3d DCA 1988)…ing Michigan v. DeFillippo, 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979)) (evidence seized incident to an arrest under presumptively valid ordinance is admissible), cert. denied, — U.S. -, 108 S.Ct. 39, 98 L.Ed.2d 170 (1987); Williams v. State, 491 So. 2d 611 (Fla. 1st DCA 1986) (same); see also McCrimmon v. State, 505 So. 2d 13 (Fla. 5th DCA 1987). There was no basis for suppressing the evidence obtained. We need not reach the remaining arguments raised by the State. Reversed and remanded. . The tria…
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State v. Calloway, 589 So. 2d 326 (Fla. 5th DCA 1991)…Ed.2d 343 (1979). See also Muehleman v. State, 503 So. 2d 310 (Fla.1987); State v. Smith, 584 So. 2d 145 (Fla. 2d DCA 1991); State v. Joyce, 529 So. 2d 791 (Fla. 3d DCA 1988); McCrimmon v. State, 505 So. 2d 13 (Fla. 5th DCA 1987); Williams v. State, 491 So. 2d 611 (Fla. 1st DCA 1986). Because the Melbourne loitering ordinance had not been declared unconstitutional at the time of defendant’s arrest by any controlling precedent, the police officer acted in good faith by relying on a presumptively valid ordinanc…
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- Michigan v. DeFILLIPPO, 443 U.S. 31 (U.S. 1979)