WALTER E. HEADLEY, CHIEF OF POLICE, CITY OF MIAMI, FLORIDA, APPELLANT,
v.
STATE EX REL. ALEXANDER BETHUNE, APPELLEE
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The court held that a state statute allowing arrest warrants based on citizen affidavits is compatible with the City of Miami Charter, and thus an arrest based on such an affidavit is valid.
Appellee was arrested based on an affidavit from a private citizen, Geraldine Johnson, pursuant to a warrant. Appellee sought habeas corpus, arguing t…
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Appellant, respondent in habeas corpus, seeks review of an order of the circuit *480court, holding that the arrest of the appellee [pursuant to a warrant based on an affidavit of one other than a police officer] was invalid and discharging the appellee from custody.
The record on appeal discloses that the appellee was arrested pursuant to a warrant based on the affidavit of one Geraldine Johnson. Thereafter, the appellee filed his petition for habeas corpus in the trial court, complaining of being arrested pursuant to an arrest warrant issued: (1) for an offense not committed in the presence of an arresting officer, and (2) on the basis of an affidavit made by one Geraldine Johnson, who is not a member of the police force of the City of Miami; on the ground that said arrest is invalid and illegal, being contrary to § 24(a) of the Charter of the City of Miami.1 The writ of habeas corpus was issued and the trial court, upon hearing testimony and argument of counsel, entered the order appealed finding the arrest was illegal and discharging the appellee from custody, on the authority of Rosa v. City of Miami, 12 Fla.Supp. 131.
The appellant contends the trial court erred in holding the warrant illegal and discharging the appellee from custody, on the basis that the affidavit supporting the warrant was made by a person other than a police officer, on the grounds that § 168.04, Fla.Stat., F.S.A., provides for issuance of an arrest warrant based on the affidavit of an ordinary citizen. The appellant also contends that said statute applies in the instant case, by virtue of § 84 of the Charter of the City of Miami 2 making laws of the State of Florida applicable to the City of Miami, when said general laws are not in conflict with the Charter and Ordinances of the City of Miami.
There is nothing in the special act of the Legislature enacting the Charter of the City of Miami which indicates that the provisions of § 24(a) are to be the exclusive remedy for the issuance of arrest warrants by the City officials. Same not being designated as the exclusive remedy to control the procedure of the issuance of arrest warrants, it is compatible with § 168.04, Fla.Stat., F.S.A., which is incorporated by reference as a part of the Charter of the City of Miami pursuant to the provisions of § 84 of the Charter. Therefore, when the provisions of the special act and the general law can be reconciled in harmony, they should both' be enforced. See: In re Adam’s Guardianship, Fla.App.1958, 99 So.2d 723; 30 Fla. Jur., Statutes, § 115; 82 C.J.S. Statutes § 369.
Counsel for the appellee urges that the use of the word “shall” in § 24(a) of the Charter being mandatory that a police officer cause the issuance of an arrest warrant when he receives information of a violation, implies the exclusive procedure for obtaining same. However, it occurs that the reason this was included within the provisions of the Charter was to eliminate *481any discretion on the part of a police officer, in regard to obtaining an arrest warrant when he receives information of a violation of an ordinance, by requiring that he seek the issuance of such a warrant.
It is apparent from the order of the Circuit Judge, here under review, that in reaching his decision in the matter before him he relied heavily upon an opinion in a prior cause rendered by a fellow Circuit Judge, reported in Rosa v. City of Miami, supra. This opinion held that an arrest warrant in the City of Miami, issued upon an affidavit of one other than a police officer was defective. We have examined this opinion and do not agree with the reasoning therein contained because of the views expressed above.
Therefore, the order here under review is reversed and this cause returned to the trial court, with directions to discharge the writ and order the return to custody of the relator.
Reversed and remanded with directions.
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Fla. Tallow Corp. & Petroleum Prods. Corp. v. Bryan, 237 So. 2d 308 (Fla. 4th DCA 1970)…ir attack on the validity of the Ordinance. The word “shall” when used in a statute or ordinance has, according to its normal usage, a mandatory connotation. Neal v. Bryant, Fla. 1962, 149 So. 2d 529; Headley v. State ex rel. Bethune, Fla.App.1964, 166 So. 2d 479. Sovereign fiat is not an attribute of the municipal corporations of this state. They have no inherent right to restrict the use of land through zoning, but such right is limited by the statute or ordinance creating the same. The Town is as bound b…
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Shadwick v. City OF Tampa, 237 So. 2d 231 (Fla. 2d DCA 1970)…ity clerk himself, including but not limited to the issuance of warrants. One or more of such deputies may be designated as clerks of the Municipal Court.” . United States v. Melvin, 258 F.Supp. 252 (S.D.Fla.1966); Headley v. State ex rel. Bethune, 166 So. 2d 479 (Fla.App. 3d 1964). . E. g. State v. Matthews, 270 N.C. 35, 153 S.E. 2d 791 (1967) ; State ex rel. White v. Simpson, 28 Wis.2d 590, 137 N.W. 2d 391 (1965).…
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Shadwick v. City OF Tampa, 250 So. 2d 4 (Fla. 1971)…arrants for arrest. The powers granted the clerk of the municipal court, or his deputies, in the special law were not incompatible or in conflict with the general laws of the State of Florida. See Fla.Stat. § 168.04 (1967), F.S.A.; Headley v. State, 166 So. 2d 479 (Fla.App.3d, 1964). Appellant says the clerk or deputy clerk of the municipal court is not a judicial officer such as could perform the duties of determining probable cause or act as a neutral or detached magistrate in the exercise of a judicial di…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Matter of the Guardianship of Patsy Ann Adams & Jack Albert Adams, 99 So. 2d 723 (Fla. 2d DCA 1958)
- City of Miami v. Rosa, 12 Fla. Supp. 131 (Dade Cty. Cir. Ct. 1957)