Matthews v. City of Birmingham

TYSON, Judge.

On June 7, 1990, Hardy Matthews III was arrested and charged by a Birmingham police officer with drinking alcohol in public, possession of drug paraphernalia, and unlawful possession of a controlled substance. On the above date, Matthews was observed sitting in his automobile by the Birmingham officer while the officer was on routine patrol. As the officer approached the automobile, he noticed that the appellant was drinking a beer and that an open, half-full bottle of beer was inside the car. The appellant was asked to step to the back of the vehicle, where he was placed under…