State v. C.E

1 Citing case

  1. Hundley v. State

    613 So. 2d 500 (Fla. Dist. Ct. App. 1993)

    The violation of the curfew ordinance gave the arrest the color of legality. It became the trial court's duty, if requested, to determine whether this underlying arrest may have been illegal because of its pretextual context. See State v. C.E., 583 So.2d 1121, 1122 (Fla. 5th DCA 1991) (In delinquency petition case in which juvenile was charged with violating municipal bicycle ordinance and resisting arrest without violence, this court said that trial court improperly held ordinance unconstitutional but on remand permitted it to consider "question of whether the stop [for violating the bicycle `gong' ordinance] was pretextual, since it did not reach that issue prior to dismissing the petition."). In the instant case, the objection as to pretext should have been made at the trial level where it could have been explored fully.