Supreme Court of the United States
Shadwick v. City of Tampa
June 19, 1972407 U.S. 345
Summary
The Court held that Tampa municipal-court clerks may constitutionally issue arrest warrants for violations of municipal ordinances. The Fourth Amendment requires an issuing magistrate to be neutral and detached and capable of determining probable cause, but it does not require the magistrate to be a lawyer or judge; the Tampa clerks satisfied those requirements. The Court did not decide whether the particular warrant was supported by probable cause.
Holding
- Whether a warrant-issuing officer must be a lawyer or judge to satisfy the Fourth Amendment.. A state or local warrant system is not per se invalid merely because the issuing magistrate is not a lawyer or judge. The constitutional requirements are that the issuer be neutral and detached from law enforcement and capable of determining whether probable cause exists.
Docket 71-5445
Cited authorities
- 82 Stat. 1107
- 28 U.S.C. §631
- 28 U.S.C. § 631
- 49 A.B.A. J. 943
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