SHADWICK v. CITY OF TAMPA

No. 70-62.

237 So.2d 231 (1970)

Gerald SHADWICK, Appellant, v. CITY OF TAMPA, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 5, 1970.


Attorney(s) appearing for the Case

Malory B. Frier, Tampa, for appellant.

Gerald H. Bee, Asst. City Atty., Tampa, for appellee.


HOBSON, Chief Judge.

Appellant was charged in Tampa Municipal Court of careless driving while his ability to drive was impaired. He had been arrested under a warrant issued in the name of the city clerk of the City of Tampa, and signed by a deputy clerk. Appellant moved to quash the warrant in the municipal court on the grounds that the issuance of a warrant by a city clerk was the exercise of a judicial function by a non-judicial officer, and therefore a violation...

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