918.05

View by jury.

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918.05 View by jury.—When a court determines that it is proper for the jury to view a place where the offense may have been committed or other material events may have occurred, it may order the jury to be conducted in a body to the place, in custody of a proper officer. The court shall admonish the officer that no person, including the officer, shall be allowed to communicate with the jury about any subject connected with the trial. The jury shall be returned to the courtroom in accordance with the directions of the court. The judge and defendant, unless the defendant absents himself or herself without permission of court, shall be present, and the prosecuting attorney and defense counsel may be present at the view.

History.—s. 210, ch. 19554, 1939; CGL 1940 Supp. 8663(218); s. 114, ch. 70-339; s. 1538, ch. 97-102.

Notes of Decisions

Cited in 9 cases, 1954–2003 · leading case: Roberts v. State

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Roberts v. State (1987) fla · cites it 7× “NOTES [1] A defendant's presence at a jury view is required under both § 918.05, Fla. Stat. and Fla.R.Crim.P. 3.”

McCollum v. State (1954) fla · cites it 8× “The motions were granted, and after the trial judge had properly admonished the officer in charge of the jury in respect to his duties at the view, section 918.05, Florida Statutes 1951, F.”

Billie v. State (2003) fladistctapp · cites it 4× “Billie argues on appeal that the trial court erroneously permitted the three alternative scenarios in violation of Section 918.05, Florida Statutes, because the evidence did not support the three views and because the lighting evidence was disputed.”

Peri v. State (1983) fladistctapp · cites it 2× “1954), the court held that a trial judge must be present at a view by the jury in light of the mandatory provisions of Section 918.05, Florida Statutes (1951). While the voir dire rule, Fla.”

State v. Singletary (1989) fla · cites it 2× “Jones relied upon his assertion that he did not commit the act, and his counsel, as a matter of strategy, properly waived the lesser included charge.”

Ferreri v. State (1959) fladistctapp · cites it 2× “Section 918.05, Florida Statutes, F.S.A., authorizes the jury to view the premises where a crime has been committed and the officer in charge of the jury is admonished to permit no person to speak to or otherwise communicate with the jury; providing also that the trial judge and…”

Dodd v. State (1968) fla “The principal question presented is whether in the trial of the defendant there was sufficient compliance with the mandatory provisions of Section 918.05 F.S. 1967, F.S.A. relating to a view by the jury of the automobile involved in the alleged crime as construed by this Court…”

Bryan v. State (1992) fladistctapp · cites it 2× “Section 918.05, Florida Statutes (1987), specifically requires a judge to be present at a jury view of a crime scene: View by jury.”

Futch v. State (1969) fladistctapp · cites it 2× “He thereby waived any other points regarding the removal by failing to argue them. But if the record had shown that prejudicial error had resulted from such informality of procedure, it would in my opinion have been fundamental error.”

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