Florida Statute 933.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 933
SEARCH AND INSPECTION WARRANTS

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F.S. 933.02

933.02 Grounds for issuance of search warrant.—Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:

(1) When the property shall have been stolen or embezzled in violation of law;

(2) When any property shall have been used:

(a) As a means to commit any crime;

(b) In connection with gambling, gambling implements and appliances; or

(3) When any property constitutes evidence relevant to proving that a felony has been committed;

(4) When any property is being held or possessed:

(a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of intoxicating liquors;

(b) In violation of the fish and game laws;

(d) In violation of the laws relative to citrus disease pursuant to s. 581.184; or

(5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place.

This section also applies to any papers or documents used as a means of or in aid of the commission of any offense against the laws of the state.

History.—s. 16, sub-ch. 8, ch. 1637, 1868; s. 6, ch. 3921, 1889; RS 3007, 3008; GS 4083, 4084; RGS 6187, 6188; s. 4, ch. 9321, 1923; CGL 8501, 8502, 8506; s. 2, ch. 74-318; s. 1, ch. 77-174; s. 2, ch. 2002-11; s. 2, ch. 2003-188; s. 7, ch. 2006-45; s. 3, ch. 2010-35; s. 8, ch. 2019-45.

F.S. 933.02 on Google Scholar

F.S. 933.02 on Casetext

Amendments to 933.02

Arrestable Offenses / Crimes under Fla. Stat. 933.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.02.

Annotations, Discussions, Cases:

Cases Citing Statute 933.02

Total Results: 20

STATE OF FLORIDA v. WILLIAM GRAHAM MARCELLUS HAYES, II

Court: Fla. Dist. Ct. App. | Date Filed: 2020-08-19T00:53:00-07:00

Snippet: limitation. And while the State clings to section 933.02, Florida Statutes (2019), for life support, that…used: . . . [a]s a means to commit any crime.” § 933.02(2)(a), Fla. Stat. It does not authorize this surveillance…surveillance type for prostitution-related offenses. § 933.02, Fla. Stat. Florida requires strict construction

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-05T00:00:00-07:00

Citation: 167 So. 3d 483, 2015 Fla. App. LEXIS 8566, 2015 WL 3511222

Snippet: available in a misdemeanor drunk driving case. See § 933.02, Fla. Stat. (2013); State v. Geiss, 70 So.3d 642

State v. Geiss

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-22T00:00:00-07:00

Citation: 70 So. 3d 642, 2011 Fla. App. LEXIS 11414, 2011 WL 2097694

Snippet: as one of great public importance: DOES SECTION 933.02(2)(a), FLORIDA STATUTES, PRECLUDE LAW ENFORCEMENT

State v. Carreno

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-19T00:00:00-07:00

Citation: 35 So. 3d 125, 2010 Fla. App. LEXIS 6916, 2010 WL 1979265

Snippet: 419, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Section 933.02(3), Florida Statutes, provides that a search warrant

State v. Abbey

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-24T00:00:00-08:00

Citation: 28 So. 3d 208, 2010 Fla. App. LEXIS 2078, 2010 WL 624169

Snippet: proving that a felony has been committed." § 933.02(3), Fla. Stat. (2006) (emphasis added). For the…proving that a felony has been committed." § 933.02(3), Fla. Stat. (emphasis added). Excessive speed…the felony was committed, as required by section 933.02(3). See Copertino, 726 So.2d at 332-33 (affirming

Farrall v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-16T23:53:00-08:00

Citation: 902 So. 2d 820

Snippet: are relevant to the commission of a crime. See § 933.02(3), Fla. Stat. (2000). As a result, no notice or

Limbaugh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-16T23:53:00-08:00

Citation: 887 So. 2d 387

Snippet: warrants in regard to medical records. Section 933.02(3) expresses no limitations as to the kind of property…had by a search warrant. To the contrary, section 933.02(3)'s term any property self-evidently includes… of a felony being investigated by the State. § 933.02(3), Fla. Stat. (2003) ("Upon proper affidavits… (providing for issuance of search warrants); § 933.02(3), Fla. Stat. (2003) ("Upon proper affidavits

Randall v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-22T00:53:00-07:00

Citation: 885 So. 2d 932

Snippet: about the mental status of the defendant, *933 but that two mental health professionals had opined, and

Haire v. Florida Department of Agriculture & Consumer Services

Court: Fla. | Date Filed: 2004-02-12T00:00:00-08:00

Citation: 870 So. 2d 774

Snippet: particularly describe the place to be searched. See §§ 933.02, 933.04, Fla. Stat. (2003). As noted by the Fourth

Haire v. FLA. DEPT. OF AGR. & CONS. SERV.

Court: Fla. | Date Filed: 2004-02-11T23:53:00-08:00

Citation: 870 So. 2d 774

Snippet: particularly describe the place to be searched. See §§ 933.02, 933.04, Fla. Stat. (2003). As noted by the Fourth

Florida Dept. of Agriculture and Consumer Services v. Haire

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-14T23:53:00-08:00

Citation: 836 So. 2d 1040

Snippet: Consumer Services, based on grounds specified in s. 933.02(4)(d) or (e), may obtain a search warrant authorized…581.1845. [6] The order actually states that section 933.02 is declared unconstitutional, but the rationale

Florida Department of Agriculture & Consumer Services v. Haire

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-09T00:00:00-07:00

Citation: 832 So. 2d 778, 2002 Fla. App. LEXIS 9589, 2002 WL 1465712

Snippet: of the 2002 amendments to sections 581.184 and 933.02 dealing with DOA’s authority to eradicate citrus

Department of Agriculture and Consumer Services v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-20T00:53:00-07:00

Citation: 790 So. 2d 555

Snippet: the trial court, on this issue. First, paragraph 933.02(4)(c), Florida Statutes, is broad enough to authorize

Florida Department of Agriculture & Consumer Services v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-20T00:00:00-07:00

Citation: 790 So. 2d 559, 2001 Fla. App. LEXIS 10186, 2001 WL 818030

Snippet: should settle now, not later. In my view, paragraph 933.02(4)(c), Florida Statutes (2000), is broad enough

Bordo, Inc. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-01T00:00:00-08:00

Citation: 627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540

Snippet: 1991). Only subsections (2)(a) and (3)of section 933.02 are even theoretically applicable.8 Subsection …obvious that the warrant does not comply with section 933.02(2)(a), and for that reason alone the property should

Anderson v. Anderson

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-07T00:53:00-07:00

Citation: 617 So. 2d 1109

Snippet: the first six or seven months of 1991, it was $45,933.[2] In contrast, the wife, who is 44 years of age,

State v. Panzino

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-03T00:53:00-07:00

Citation: 583 So. 2d 1059

Snippet: no support in the statutory or case law. Section 933.02 of the Florida Statutes (1987) states that "

Benson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-20T00:53:00-07:00

Citation: 526 So. 2d 948

Snippet: named, for the property specified." Section 933.02(3) provides for a search warrant "[w]hen any…the affidavit was sufficient to fulfill section 933.02(3) and the first two requirements under Hayes as

State v. Tamer

Court: Fla. Dist. Ct. App. | Date Filed: 1985-07-30T00:00:00-07:00

Citation: 475 So. 2d 918, 10 Fla. L. Weekly 1841, 1985 Fla. App. LEXIS 14708

Snippet: States v. Thompson, 612 F.2d 233 (6th Cir.1979); § 933.02(3), Fla.Stat. (1981). We find no merit in the balance

State v. Smelt

Court: Fla. Dist. Ct. App. | Date Filed: 1982-08-13T00:53:00-07:00

Citation: 417 So. 2d 1154

Snippet: PERPETRATION OF A CRIME SUBJECT TO SEIZURE UNDER 933.02 That the facts tending to establish the grounds