## Facts

- Tampa’s city charter and Florida law authorized municipal court clerks (nonjudicial laypersons) to issue arrest warrants for municipal ordinance violations.
- Clerks were appointed through a civil service process and performed routine court-administration tasks (e.g., handling fines, preparing dockets and records, and related paperwork).
- Clerks could administer oaths and take affidavits alleging ordinance violations, then issue arrest warrants directing the marshal to arrest the accused for trial.
- Clerks lacked authority to sit as judges, issue search warrants, or issue warrants for state-law felonies or misdemeanors; their warrant power was limited to municipal ordinance offenses.
- Gerald Shadwick was arrested for impaired driving under a warrant issued by a municipal court clerk.
- Shadwick moved to quash the warrant, claiming issuance by a nonjudicial officer violated the Fourth and Fourteenth Amendments.

## Issues

1. Whether the Fourth Amendment permits nonjudicial municipal court clerks to issue arrest warrants for municipal ordinance violations as “neutral and detached magistrates” capable of determining probable cause.

## Decision

- The Supreme Court affirmed the Florida Supreme Court.
- The Court held that Tampa municipal court clerks may issue arrest warrants for municipal ordinance violations consistent with the Fourth Amendment.
- The Court concluded the clerks satisfied the Fourth Amendment’s requirements of (1) neutrality and detachment and (2) capability to make probable-cause determinations within their limited authority.

## Legal Principles

- The Fourth Amendment requires warrants to be issued by a “neutral and detached magistrate” capable of determining whether probable cause exists.
- The Constitution does not categorically require that the warrant issuer be a judge or lawyer; the inquiry is functional, focusing on neutrality from law enforcement and ability to assess probable cause.
- Neutrality is satisfied where the issuing official operates within the judicial structure and is not aligned with police or prosecutorial functions.
- Capability may be assessed in light of the scope and type of warrants authorized; limited authority to issue arrest warrants for minor municipal offenses can support a finding of sufficient competence.

## Conclusion

The Court upheld Tampa’s practice of allowing municipal court clerks to issue arrest warrants for city-ordinance violations, because the clerks functioned as neutral and detached officers within the court system and were able to determine probable cause for that limited class of offenses.


Shadwick v. City of Tampa, 407 U.S. 345 (1972)