Florida Statute 933.02 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 933.02

Annotations, Discussions, Cases:

Cases Citing Statute 933.02

Total Results: 19

State Ex Rel. Wilson v. Quigg

17 So. 2d 697, 154 Fla. 348, 1944 Fla. LEXIS 702

Supreme Court of Florida | Filed: Apr 18, 1944 | Docket: 3263916

Cited 23 times | Published

"grounds for issuance" are set forth in the next Section, 933.02, but offenses against municipal ordinances

Carter v. State

199 So. 2d 324

District Court of Appeal of Florida | Filed: Mar 17, 1967 | Docket: 543300

Cited 16 times | Published

jurisdiction, or a judge of any Court of Record. F.S. Section 933.02 F.S.A. provides the grounds upon which such

Barfield v. State

396 So. 2d 793

District Court of Appeal of Florida | Filed: May 4, 1981 | Docket: 1732167

Cited 12 times | Published

was probable cause to believe, as required by Section 933.02(4)(c), Florida Statutes (1979), that an illegal

Florida Dept. of Agriculture and Consumer Services v. Haire

836 So. 2d 1040, 2003 WL 118257

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1745747

Cited 10 times | Published

581.1845. [6] The order actually states that section 933.02 is declared unconstitutional, but the rationale

Limbaugh v. State

887 So. 2d 387, 2004 WL 2238978

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1515140

Cited 9 times | Published

search warrants in regard to medical records. Section 933.02(3) expresses no limitations as to the kind

State v. Abbey

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

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 2190169

Cited 7 times | Published

to proving that a felony has been committed." § 933.02(3), Fla. Stat. (2006) (emphasis added). For the

Benson v. State

526 So. 2d 948, 1988 WL 48987

District Court of Appeal of Florida | Filed: May 20, 1988 | Docket: 1272608

Cited 7 times | Published

person named, for the property specified." Section 933.02(3) provides for a search warrant "[w]hen any

State v. Geiss

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

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 441279

Cited 6 times | Published

authority to issue a warrant as authorized in section 933.02, Florida Statutes. If the legislature had intended

Wolff v. State

291 So. 2d 15

District Court of Appeal of Florida | Filed: Feb 12, 1974 | Docket: 1351186

Cited 6 times | Published

other buildings is to be searched. Fla. Stat. section 933.02, F.S.A., sets forth the grounds for issuance

Harvey v. Drake

40 So. 2d 214, 1949 Fla. LEXIS 1353

Supreme Court of Florida | Filed: Apr 26, 1949 | Docket: 3268532

Cited 6 times | Published

these search warrants were also sufficient. Section 933.02, Florida Statutes, 1941, F.S.A. Likewise the

Farrall v. State

902 So. 2d 820, 2004 WL 2600479

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1257077

Cited 3 times | Published

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

State v. Panzino

583 So. 2d 1059, 1991 WL 117037

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 1684078

Cited 3 times | Published

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

Williams v. State

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

District Court of Appeal of Florida | Filed: Jun 5, 2015 | Docket: 60248479

Cited 2 times | Published

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

STATE OF FLORIDA v. WILLIAM GRAHAM MARCELLUS HAYES, II

District Court of Appeal of Florida | Filed: Aug 19, 2020 | Docket: 17457727

Published

limitation. And while the State clings to section 933.02, Florida Statutes (2019), for life support

State v. Carreno

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

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 1646159

Published

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

Bordo, Inc. v. State

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

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394

Published

Statutes (1991). Only subsections (2)(a) and (3)of section 933.02 are even theoretically applicable.8 Subsection

State v. Tamer

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

District Court of Appeal of Florida | Filed: Jul 30, 1985 | Docket: 64614314

Published

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

State v. Nelson

347 So. 2d 749, 1977 Fla. App. LEXIS 15794

District Court of Appeal of Florida | Filed: Jun 17, 1977 | Docket: 64559343

Published

searches to the daytime when it wants to. See Section 933.02(5), Florida Statutes (1975). We would add,

State v. Gordillo

245 So. 2d 898, 1971 Fla. App. LEXIS 6959

District Court of Appeal of Florida | Filed: Mar 30, 1971 | Docket: 64519567

Published

describe the place to be searched. See § 933.18 and § 933.02, Fla. Stat., F.S.A. Where a building contains