Nesmith v. State

THREADGILL, Judge.

The appellant challenges the denial of her motion to suppress cocaine found in her wallet incident to her warrantless arrest for a misdemeanor in violation of a Polk County Ordinance.1 We reverse.

On February 13, 1986, the appellant was arrested in the bar of La Pleasures Lounge in Auburndale for nude dancing in an establishment that sells alcoholic beverages, a violation of Polk County Ordinance 81-25 and 83-21. A female officer summoned by the arresting officers conducted the search incident to arrest that uncovered the cocaine. Although she testified at the suppression…