clerk of courts allowed to issue felony arrest warrant (citing Shadwick v. City of Tampa, 407 U.S. 345, 350 (1972) (a municipal court clerk qualifies as “a neutral and detached judicial officer for purposes of issuing warrants for violations of municipal ordinances”
How later courts described this case
- clerk of courts allowed to issue felony arrest warrant (citing Shadwick v. City of Tampa, 407 U.S. 345, 350 (1972) (a municipal court clerk qualifies as “a neutral and detached judicial officer for purposes of issuing warrants for violations of municipal ordinances”
- failure to immediately inform of cause of arrest does not amount to denial of due process where person charged soon after taken into custody
Written by the judges who cited it.
The opinion
Herbert, J.,
concurring. State v. Cross (1971), 26 Ohio St. 2d 270 , 271 N. E. 2d 264 , decided subsequent to State v. Gray (1964), 1 Ohio St. 2d 21 , 203 N. E. 2d 319 , and State, ex rel. Hodges, v. Coller (1969), 19 Ohio St. 2d 164 , 249 N. E. 2d 885 , considered the operation of R. C. 2945.71. At page 273 in the Cross opinion it is carefully noted that ‘ ‘ [w] e are here concerned only with the case of an accused who was continuously detained in jail without trial for a period longer than two terms of court following the term in which his indictment was presented, and who was so detained solely by reason of such indictment.” (Emphasis added.)