Legal Opinion
Shadwick v. City of Tampa
District Court of Appeal of Florida
Decided June 24, 1970No. 70-62PublishedCited by 3 opinions
1Opinion of the Court
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 nonjudicial officer, and therefore a violation of the separation of powers under Fla. Const. Art. II, § 3, F.S.A. (1968), and Fla. Const. Art. V, § 1, F.S.A. (1968) which vests…
2Cases cited10 opinions
- State Ex Rel. White v. SimpsonWisconsin Supreme Court · 1965
- Florida Motor Lines, Inc. v. Railroad CommissionersSupreme Court of Florida · 1930
- State v. FurmageSupreme Court of North Carolina · 1959
- State v. PaulickSupreme Court of Minnesota · 1967
- State v. MatthewsSupreme Court of North Carolina · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shadwick v. City of TampaSupreme Court of the United States · 1972
- Shadwick v. City of TampaSupreme Court of Florida · 1971
- City of Pembroke Pines v. School Board of Broward CountyDistrict Court of Appeal of Florida · 2013