State v. Allen

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 Al-prazolam. After her arrest, the statute authorizing the stop was declared unconstitutional by State v. Catalano, 60 So.3d 1139 (Fla. 2d DCA 2011), aff'd, 104 So.3d 1069 (Fla.2012). As a result, Allen filed a motion to suppress, arguing…