Florida Statute 847.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.08

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.

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F.S. 847.08 on Casetext

Amendments to 847.08

Arrestable Offenses / Crimes under Fla. Stat. 847.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 847.08.

Annotations, Discussions, Cases:

Cases Citing Statute 847.08

Total Results: 4

State, Dept. of Transp. v. Suit City of Aventura

Court: Fla. Dist. Ct. App. | Date Filed: 2000-07-19T00:53:00-07:00

Citation: 774 So. 2d 9

Snippet: primarily residential neighborhood." Tessler, at 847. [8] See Department of Transp. v. Gefen, 636 So.2d

Marr v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-06-14T00:53:00-07:00

Citation: 470 So. 2d 703

Snippet: rule. Williams v. Dickenson, 28 Fla. 90, 9 South. 847.[[8]] [emphasis added] Subsequently, however, Florida

First Amendment Foundation of Florida v. State

Court: Fla. | Date Filed: 1978-10-12T00:53:00-07:00

Citation: 364 So. 2d 450

Snippet: to produce the subject film, pursuant to Section 847.08, Florida Statutes (1975). Each of these motions…quash them once issued, on the ground that Section 847.08 is unconstitutional in that it *452 authorizes …appellant's vagueness challenge. II. Section 847.08, Florida Statutes (1975), provides that after the…material is obscene. Appellant contends that Section 847.08 is unconstitutional in that it authorizes the seizure…determination. Appellant argues that since Section 847.08 states that the production order that is authorized

Leigh v. State ex rel. Kirkpartick

Court: Fla. Dist. Ct. App. | Date Filed: 1974-08-06T00:00:00-07:00

Citation: 298 So. 2d 215

Snippet: carried forward into Florida Statutes 847.-07, 847.08 and 847.09. Kirkpatrick was charged in the County…materials and is carried forward as Florida Statute 847.08. However, Section 3 of Chapter 73-120, carried