Shadwick v. City of Tampa
Supreme Court of the United States
Shadwick v. City of Tampa
Appeal from the Supreme Court of Florida
No. 71-5445. Argued: April 10, 1972 --- Decided: June 19, 1972
City charter provision authorizing municipal court clerks to issue arrest warrants for breach of municipal ordinances held to comport with requirements of the Fourth Amendment that warrants be issued by a neutral and detached magistrate who must be capable of determining whether probable cause exists for issuance of the warrant. The clerks, though laymen, worked within the judicial branch under supervision of municipal court judges and were qualified to make the determination whether there is probable cause to believe that a municipal code violation has occurred. Pp. 347-354.
250 So. 2d 4, affirmed.
POWELL, J., delivered the opinion for a unanimous Court.
Daniel A. Rezneck argued the cause for appellant. With him on the briefs was Malory B. Frier.
Gerald H. Bee, Jr., argued the cause for appellee. With him on the brief was William Reece Smith, Jr.