Florida Statutes

Fla. Stat. § 847.08 (2025)

Hearings for determination of probable cause.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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847.08 Hearings for determination of probable cause.—Whenever an indictment, information, or affidavit is filed under the provisions of ss. 847.07-847.09, the state attorney or his or her duly appointed assistant may apply to the court for the issuance of an order directing the defendant or his or her principal agent or bailee or other like person to produce the allegedly obscene materials at a time and place so designated by the court for the purpose of determining whether there is probable cause to believe said material is obscene. After hearing the parties on the issue, if the court determines probable cause exists, it may order the material held by the clerk of the court pending further order of the court. This section shall not be construed to prohibit the seizure of obscene materials by any other lawful means.

History.—s. 2, ch. 73-120; s. 10, ch. 86-238; s. 1354, ch. 97-102.

Notes of Decisions

Cited in 2 cases, 1978–2002 · leading case: First Amendment Found. of Florida v. State, 364 So. 2d 450 (Fla. 1978).

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First Amendment Found. of Florida v. State, 364 So. 2d 450 (Fla. 1978). · cites it 7× “In connection with each count of each information the state filed a motion for an order to produce the subject film, pursuant to Section 847.08, Florida Statutes (1975). Each of these motions was accompanied by the affidavit of a police officer stating that he viewed the film…”

Alexis, Inc. v. Pinellas Cnty., Florida, 194 F. Supp. 2d 1336 (M.D. Fla. 2002). “Accordingly, Plaintiffs claim of ordinance invalidation by preemption or illegality of arrests for failure to follow the procedural requirements of section 847.08 is without merit. C. By their cross motions, the parties address the constitutional significance of the warrantless…”

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