Florida Statutes
Fla. Stat. § 933.01 (2025)
Persons competent to issue search warrant.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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933.01 Persons competent to issue search warrant.—A search warrant authorized by law may be issued by any judge, including the committing judge of the trial court having jurisdiction where the place, vehicle, or thing to be searched may be.
History.—RS 3006; GS 4082; RGS 6186; s. 3, ch. 9321, 1923; CGL 8500, 8505; s. 42, ch. 73-334; s. 35, ch. 2004-11.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1944–2025 · leading case: Carter v. State, 199 So. 2d 324 (Fla. 2d DCA 1967).
Carter v. State, 199 So. 2d 324 (Fla. 2d DCA 1967). “Section 933.01 F.S.A., authorizes a search warrant to be issued by "any judge", which includes a Circuit Judge, Criminal Court of Record Judge, County Judge, Justice of the Peace, committing magistrate within his limited jurisdiction, or a judge of any Court of Record.”
Nix v. State, 173 So. 2d 465 (Fla. 1st DCA 1965). “F.S. § 933.01, F.S.A. “ * * * A search warrant authorized by law may be issued by any judge, including the judge of any circuit court of this state or any court of record, or criminal court of record, or county judge, justice of the peace, or committing magistrate having…”
State v. Robinson, 132 So. 2d 156 (Fla. 1961). “" In view of the foregoing, that portion of the decision of the District Court, holding that the subject rule as it existed at the time said decision was written did not authorize the justice of the peace in that case to issue the search warrant there involved and that Section…”
State Ex Rel. Wilson v. Quigg, 17 So. 2d 697 (Fla. 1944). “Section 933.01 F. S. 1941. The “grounds for issuance” are set forth in the next Section, 933.”
Reddick v. State, 104 So. 2d 413 (Fla. 1st DCA 1958). “The fact that the search warrant was issued by a federal officer rather than by a magistrate specified in Section 933.01, Florida Statutes, F.S.A., that the warrant only alleged a violation of the United States Revenue Code, that it was not returnable before a state court, and…”
Robinson v. State, 124 So. 2d 714 (Fla. 2d DCA 1960). “Consequently, the question before us is whether or not a justice of the peace may issue a search warrant to search a private dwelling which is not located within the district of the issuing justice of the peace when the justice of the peace of the justice district wherein the…”
Swain v. State, 670 So. 2d 186 (Fla. 3d DCA 1996). “The trial court denied the motion to suppress and the defendant plead nolo contendere with the right to raise these two issues on appeal. We disagree with both of his contentions.”
State v. Everly, 228 So. 2d 923 (Fla. 4th DCA 1969). “Assuming this to be meritorious the trial judge should specifically rule on it, in advance of which arguments thereon are premature.”
Adelson v. State of Florida (Fla. 1st DCA 2025). “§ 933.01, Fla. Stat. (“A search warrant authorized by law may be issued by any judge, including the committing judge of the trial court having jurisdiction where the place, vehicle, or thing to be searched may be.”
Heinlein v. Metro. Dade Cnty., 239 So. 2d 635 (Fla. 3d DCA 1970). “ts, and to fix the amount of bail and appeal bonds * * (Emphasis supplied) The pertinent part of Section 17-10, Metropolitan Code provides: “ * * * In the event that said person or persons refuse to consent to the inspection, the minimum housing enforcement officer or assistants…”
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