Headley v. State ex rel. Bethune, 64-110
| Decision Date | 21 July 1964 |
| Docket Number | No. 64-110,64-110 |
| Citation | 166 So.2d 479 |
| Parties | Walter E. HEADLEY, Chief of Police, City of Miami, Florida, Appellant, v. STATE ex rel. Alexander BETHUNE, Appellee. |
| Court | Florida District Court of Appeals |
John R. Barrett, City Atty., and S. R. Sterbenz, Asst. City Atty., for appellant.
Ephraim Collins, Miami Beach, for appellee.
Before BARKDULL, C. J., and HORTON and TILLMAN PEARSON, JJ.
Appellant, respondent in habeas corpus, seeks review of an order of the circuit court, 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...
To continue reading
Request your trial
-
Tascano v. State, KK-22
...308 (Fla. 4th D.C.A. 1970); United Bonding Insurance Company v. Tuggle, 216 So.2d 80 (Fla. 2d D.C.A. 1968); Headley v. State ex rel. Bethune, 166 So.2d 479 (Fla. 3d D.C.A. 1964). Indeed, the placing by the courts of strained or unusual meanings on ordinary words tends to engender suspicion ......
-
Shadwick v. City of Tampa
...may be designated as clerks of the Municipal Court.'5 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).6 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......
-
Florida Tallow Corp. v. Bryan
...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 restr......
-
Shadwick v. City of Tampa
...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 dutie......