CopyCited 23 times | Published | Supreme Court of Florida | 154 Fla. 348, 1944 Fla. LEXIS 702
...Of course circuit judges have statutory authority to issue search warrants “authorized by law.” So do judges of any court of record, county judges, justices of the peace and committing magistrates having jurisdiction within the district where the place or thing to be searched may be. Section 933.01 F....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...describing the place or places *333 to be searched and the person or persons, and thing or things to be seized." [4] Pursuant to the foregoing organic provision, the Florida Statutes provide elaborate mechanics for issuance of search warrants. F.S. 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....
...348,
17 So.2d 697; Leveson v. State, Fla.App. 1962,
147 So.2d 524. The statutory provisions must be rigidly followed and cannot in any case be extended or enlarged beyond the permissive provisions; as for example, only state court judges specifically mentioned in F.S. Section
933.01, F.S.A., supra, which excludes municipal judges, are empowered to issue the warrants....
CopyCited 6 times | Published | Supreme Court of Florida
...egoing, 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 933.01, Florida Statutes 1959, F.S.A., was controlling, is correct when applied to the factual situation in this case as the same appears in the District Court decision....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 7081
...ides: “ * * * In the event that said person or persons refuse to consent to the inspection, the minimum housing enforcement officer or assistants may apply for the issuance of a search ■warrant by any court authorized to issue search warrants by Section 933.01, Florida Statutes, or by any other enactments or applicable provisions of law, said search warrant to be served by an officer duly authorized by law to serve search warrants and make arrests for violations of this Code.” (Emphasis su...
CopyPublished | District Court of Appeal of Florida
...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 dwelling is located is not available. Section 933.01, Florida Statutes, 1959, F.S.A., expressly sets forth who may issue search warrants and the limitation of their authority: “A search warrant authorized by law may be issued by any judge, including the judge of any circuit court of th...
...nition and meaning, the term “to try” can only mean to preside, at the determination of the guilt or innocence of the accused. *717 The words, “having jurisdiction within the district where the place * * * to be searched * * * ” appearing in Section 933.01, are words of limitation and under the Hart case, supra, must be strictly construed....
...ate Rule 2.1, subd. a, (4) (i), 31 F.S.A., extended the jurisdiction of the district 1 justice of the peace to issue search warrants to search dwellings not located within the jurisdiction of the issuing justice of the peace. We can find no words in Section 933.01, 37.01, 37.03 or 37.22 authorizing the act herein complained of....
CopyPublished | Florida 1st District Court of Appeal
...r remove evidence.”
Franks v. Delaware,
438 U.S. 154, 169 (1978). That is to say, ex
parte judicial review of warrant applications is constitutionally
authorized.
Judicial review of warrant applications is also authorized by
Florida statute. §
933.01, Fla....
CopyPublished | District Court of Appeal of Florida | 1958 Fla. App. LEXIS 2403
...t attack upon them. The defendant in this cause made no such attack, and the recitations appear adequate to have entitled the warrant to issue. 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 that neither the search warrant nor the affidavit upon which it was issued was...
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5003
...eon are premature. Accordingly, the trial court’s order quashing the search warrant and suppressing evidence is reversed and this cause is remanded for proceedings consistent herewith. WALDEN and REED, JJ., concur. . F.S. Chapter 37, F.S.A. . F.S. Section 933.01, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4453
...hereunder must strictly conform to constitutional and statutory provisions. 3 In the Robinson case, supra, it was further held that: “The words, ‘having jurisdiction within the district where the place * * * to be searched * * * ’ appearing in Section 933.01, are words of limitation and under the Hart case, supra (Hart v....
...error would infect the validity of the judgment but not the court’s jurisdiction to entertain the action. The judgment appealed is affirmed. STURGIS, C. J., and MURPHREE, Associate Judge, concur. . Markey v. State,
47 Fla. 38 ,
37 So. 53 . . F.S. §
933.01, F.S.A....
