Florida Statutes

Fla. Stat. § 933.02 (2025)

Grounds for issuance of search warrant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 19 cases, 1967–2015 · leading case: State v. Geiss, 70 So. 3d 642 (Fla. 1st DCA 2011).

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State v. Geiss, 70 So. 3d 642 (Fla. 1st DCA 2011). · cites it 24× “However, Florida's implied consent statute does not expressly prohibit obtaining blood by search warrant, or otherwise indicate any intent to invalidate judicial authority to issue a warrant as authorized in section 933.02, Florida Statutes. If the legislature had intended the…”

Limbaugh v. State, 887 So. 2d 387 (Fla. 4th DCA 2004). · cites it 6× “§ 933.02(3), Fla. Stat. (2003) ("Upon proper affidavits being made, a search warrant may be issued .”

State v. Abbey, 28 So. 3d 208 (Fla. 4th DCA 2010). · cites it 5× “” § 933.02(3), Fla. Stat. (2006) (emphasis added).”

Barfield v. State, 396 So. 2d 793 (Fla. 1st DCA 1981). · cites it 2× “Donaldson entered the car, searched it without a warrant and opened the console between the seats and there found a bag of cocaine.”

Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003). “[6] The order actually states that section 933.02 is declared unconstitutional, but the rationale in the order applies to section 933.”

Benson v. State, 526 So. 2d 948 (Fla. 2d DCA 1988). · cites it 2× “Defendant also argues that the search warrant was not authorized by chapter 933, Florida Statutes (1985), because a warrant is authorized only for the seizure of property or things, not of a person. However, chapter 933 specifically contemplates searches of persons.”

State v. Intercontinental, Ltd., 486 A.2d 174 (Md. 1985). “2 (West 1979); La.Code Crime Proc.Ann. art. 161 (West 1967); Me.”

Farrall v. State, 902 So. 2d 820 (Fla. 4th DCA 2004). · cites it 2× “See § 933.02(3), Fla. Stat. (2000). As a result, no notice or adversarial hearing is required.”

Williams v. State, 167 So. 3d 483 (Fla. 5th DCA 2015). · cites it 2× “In addition, technology has no doubt made the securing of warrants easier, but the suggestion that an arresting officer in a DUI case can realistically secure a search warrant expeditiously, especially in the middle of the night, is questionable.”

Carter v. State, 199 So. 2d 324 (Fla. 2d DCA 1967). “Section 933.02 F.S.A. provides the grounds upon which such search warrant may be issued, which grounds must be established by sworn affidavits.”

State v. Carreno, 35 So. 3d 125 (Fla. 3d DCA 2010). · cites it 2× “Section 933.02(3), Florida Statutes, provides that a search warrant for property may be issued “[w]hen any property constitutes evidence relevant to proving that a felony has been committed.”

Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “See §§ 933.02, 933.04, Fla. Stat. (2003). As noted by the Fourth District, there is nothing in chapter 933 that indicates that *789 if a single affidavit meets these requirements with respect to multiple properties, multiple warrants could not be issued based on a single…”

Show all 19 citing cases →

— 933.02(2)(a) — 2 cases

State v. Geiss, 70 So. 3d 642 (Fla. 1st DCA 2011). “However, Florida's implied consent statute does not expressly prohibit obtaining blood by search warrant, or otherwise indicate any intent to invalidate judicial authority to issue a warrant as authorized in section 933.02, Florida Statutes. If the legislature had intended the…”

Bordo, Inc. v. State, 627 So. 2d 561 (Fla. 4th DCA 1993).

— 933.02(3) — 7 cases

Limbaugh v. State, 887 So. 2d 387 (Fla. 4th DCA 2004). “§ 933.02(3), Fla. Stat. (2003) ("Upon proper affidavits being made, a search warrant may be issued .”

State v. Abbey, 28 So. 3d 208 (Fla. 4th DCA 2010). “” § 933.02(3), Fla. Stat. (2006) (emphasis added).”

Benson v. State, 526 So. 2d 948 (Fla. 2d DCA 1988). “Defendant also argues that the search warrant was not authorized by chapter 933, Florida Statutes (1985), because a warrant is authorized only for the seizure of property or things, not of a person. However, chapter 933 specifically contemplates searches of persons.”

Farrall v. State, 902 So. 2d 820 (Fla. 4th DCA 2004). “See § 933.02(3), Fla. Stat. (2000). As a result, no notice or adversarial hearing is required.”

— 933.02(4)(c) — 1 case

Barfield v. State, 396 So. 2d 793 (Fla. 1st DCA 1981). “Donaldson entered the car, searched it without a warrant and opened the console between the seats and there found a bag of cocaine.”

— 933.02(5) — 1 case

State v. Nelson, 347 So. 2d 749 (Fla. 4th DCA 1977).

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