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QUESTION: Can a clerk of a municipal court take affidavits and issue warrants?

SUMMARY: Section 168.04, F.S. 1971, continues in effect pursuant to s. 5(2) of Ch. 73-129, Laws of Florida, the Municipal Home Rule Powers Act, now s. 166.042(1), F.S.; and, insofar as it purports to confer authority on a neutral and detached clerk to issue an arrest warrant upon an affidavit alleging facts showing probable cause to believe that a municipal ordinance has been violated by the person against whom the warrant is issued, s. 168.04, F.S. 1971, as continued in effect, is constitutionally valid. In posing…