Florida Statute 918.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 918
CONDUCT OF TRIAL

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F.S. 918.05

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.

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Amendments to 918.05

Arrestable Offenses / Crimes under Fla. Stat. 918.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 918.05.

Annotations, Discussions, Cases:

Cases Citing Statute 918.05

Total Results: 16

Miami-Dade County v. Pozos

Court: District Court of Appeal of Florida | Date Filed: 2017-02-15

Citation: 242 So. 3d 1152

Snippet: separation of powers doctrine.” Id. at 918. 5. Lastly, “certain discretionary functions

David K. Griffith v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-01-09

Citation: 208 So. 3d 1208

Snippet: conduct.” 176 So. 3d at 918. 5 p.m. on February 4th.

Billie v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-30

Citation: 863 So. 2d 323, 2003 WL 21749078

Snippet: three alternative scenarios in violation of Section 918.05, Florida Statutes, because the evidence did not

Lester v. City of Tavares

Court: District Court of Appeal of Florida | Date Filed: 1992-07-10

Citation: 603 So. 2d 18, 1992 WL 156909

Snippet: authority to do the act. Trianon, 468 So.2d at 918. [5] Although the issue of whether the police officer

Bryan v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-01-03

Citation: 591 So. 2d 1110, 1992 Fla. App. LEXIS 23, 1992 WL 574

Snippet: when Bryan shot him. We agree and reverse. Section 918.05, Florida Statutes (1987), specifically requires

Drost v. State, Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1989-11-07

Citation: 559 So. 2d 1154, 14 Fla. L. Weekly 2577, 1989 Fla. App. LEXIS 6200, 1989 WL 133273

Snippet: of chapter 403, in accordance with section 403.918(5)(b), Florida Statutes (1985), and Rule 17-4.040(9)(f)

State v. Singletary

Court: Supreme Court of Florida | Date Filed: 1989-08-31

Citation: 549 So. 2d 996, 1989 WL 101532

Snippet: judge's presence at a jury view, mandated by section 918.05, Florida Statutes (1983), constituted fundamental

Roberts v. State

Court: Supreme Court of Florida | Date Filed: 1987-07-02

Citation: 510 So. 2d 885, 12 Fla. L. Weekly 325

Snippet: failure to attend the view, as mandated by section 918.05, Florida Statutes (1983), constituted a fundamental

Miller v. STATE, DEPT. OF ENV. REG.

Court: District Court of Appeal of Florida | Date Filed: 1987-03-18

Citation: 504 So. 2d 1325

Snippet: argument. The remand order indicates that section 403.918(5)(b), Florida Statutes, had been defined by DER to

Peri v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-01-18

Citation: 426 So. 2d 1021, 39 A.L.R. 4th 454

Snippet: in light of the mandatory provisions of Section 918.05, Florida Statutes (1951). While the voir dire rule

Futch v. State

Court: District Court of Appeal of Florida | Date Filed: 1969-06-10

Citation: 223 So. 2d 756, 1969 Fla. App. LEXIS 5715

Snippet: fundamental error. In support of this view see § 918.05, Fla.Stat., F.S.A.; Garcia v. State, 34 Fla. 311

Dodd v. State

Court: Supreme Court of Florida | Date Filed: 1968-04-24

Citation: 209 So. 2d 666, 1968 Fla. LEXIS 2282

Snippet: compliance with the mandatory provisions of Section 918.05 F.S. 1967, F.S.A. relating to a view by the jury

Hamilton v. State

Court: District Court of Appeal of Florida | Date Filed: 1963-01-18

Citation: 152 So. 2d 793

Snippet: jury to the contrary, in violation of sections 918.05, 918.06, and 914.01(6), Florida Statutes, F.S.A

Rankin v. State

Court: Supreme Court of Florida | Date Filed: 1962-06-27

Citation: 143 So. 2d 193

Snippet: view when in his "opinion" it is "proper". Sec. 918.05, Florida Statutes 1959, F.S.A. It would not be

Ferreri v. State

Court: District Court of Appeal of Florida | Date Filed: 1959-03-04

Citation: 109 So. 2d 578

Snippet: tried in their absence from the court. Section 918.05, Florida Statutes, F.S.A., authorizes the jury

McCollum v. State

Court: Supreme Court of Florida | Date Filed: 1954-07-20

Citation: 74 So. 2d 74, 47 A.L.R. 2d 1218, 1954 Fla. LEXIS 1088

Snippet: jury in respect to his duties at the view, section 918.05, Florida Statutes 1951, F.S.A., the jury, in proper