Florida Statute 933.4 - 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. 933.04

933.04 Affidavits.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized.

History.—s. 2, ch. 9321, 1923; CGL 8504.

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Amendments to 933.04

Annotations, Discussions, Cases:

Cases Citing Statute 933.04

Total Results: 23

Dunnavant v. State

46 So. 2d 871, 1950 Fla. LEXIS 957

Supreme Court of Florida | Filed: Jun 13, 1950 | Docket: 1667771

Cited 31 times | Published

Harris v. State, 160 Fla. 720, 36 So.2d 372. Section 933.04, F.S.A., provides: "The right of the people

Hamelmann v. State

113 So. 2d 394

District Court of Appeal of Florida | Filed: Jun 25, 1959 | Docket: 1743758

Cited 22 times | Published

and CARROLL, DONALD, J., concur. NOTES [1] F.S. § 933.04, F.S.A. [2] F.S. § 933.06, F.S.A. [3] 162 A

Imparato v. Spicola

238 So. 2d 503

District Court of Appeal of Florida | Filed: Aug 19, 1970 | Docket: 552372

Cited 17 times | Published

among other things. And our State Statutes, F.S. § 933.04 F.S.A., provides that "The right of the people

Carter v. State

199 So. 2d 324

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

Cited 16 times | Published

being violated in any building or place. F.S. Section 933.04 F.S.A. is in statute form identical with section

Chacon v. State

102 So. 2d 578

Supreme Court of Florida | Filed: Apr 16, 1958 | Docket: 1281644

Cited 16 times | Published

search warrants. Among these provisions is Section 933.04, Florida Statutes, requiring an affidavit to

North v. State

32 So. 2d 915, 159 Fla. 854, 1947 Fla. LEXIS 974

Supreme Court of Florida | Filed: Dec 16, 1947 | Docket: 3266679

Cited 16 times | Published

See Church et al. v. State, supra. *Page 857 Section 933.04 Florida Statutes, 1941 provides that "no search

Bunkley v. State

882 So. 2d 890, 2004 WL 1171315

Supreme Court of Florida | Filed: May 27, 2004 | Docket: 1686286

Cited 13 times | Published

alcoholic beverage or drug.") (emphasis added); § 933.04, Fla. Stat. (2001) ("[N]o search warrant shall

Bunkley v. State

833 So. 2d 739, 2002 WL 31600039

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 1675641

Cited 11 times | Published

alcoholic beverage or drug.") (emphasis added); § 933.04, Fla. Stat. (2001) ("[N]o search warrant shall

Vasquez v. State

491 So. 2d 297

District Court of Appeal of Florida | Filed: Jul 8, 1986 | Docket: 1383763

Cited 11 times | Published

directed to the violation of Vasquez's probation. Section 933.04, Florida Statutes (1983), provides that "no

State v. Klayman

835 So. 2d 248, 2002 WL 31519926

Supreme Court of Florida | Filed: Nov 14, 2002 | Docket: 1643097

Cited 10 times | Published

alcoholic beverage or drug.") (emphasis added); § 933.04, Fla. Stat. (2001) ("[N]o search warrant shall

Collins v. State

465 So. 2d 1266, 10 Fla. L. Weekly 489

District Court of Appeal of Florida | Filed: Feb 22, 1985 | Docket: 480020

Cited 9 times | Published

motion to suppress the fruits of the search. Section 933.04, Florida Statutes (1983),[1] requires that

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

and transportation of intoxicating liquors." Section 933.04 provides that "no search warrant shall be issued

Dougan v. Bradshaw

198 So. 3d 878, 2016 Fla. App. LEXIS 10774, 2016 WL 3745378

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256504

Cited 3 times | Published

and thus the Administrative Order addressing section 933.04, did not require or permit the Sheriff to retain

Cano v. State

884 So. 2d 131, 2004 WL 1530497

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 1281889

Cited 3 times | Published

computer was about eight months old. Under section 933.04, Florida Statutes (2001), the magistrate used

State v. Glass

657 So. 2d 934, 1995 WL 405275

District Court of Appeal of Florida | Filed: Jul 11, 1995 | Docket: 463876

Cited 3 times | Published

first to the sufficiency of the search warrant, section 933.04, Florida Statutes (1993), provides that "no

Law v. State

292 So. 2d 596

District Court of Appeal of Florida | Filed: Apr 3, 1974 | Docket: 1511677

Cited 3 times | Published

particularity, the place to be searched as required by Section 933.04, Florida Statutes, F.S.A., the Fourth and Fourteenth

Pesce v. State

288 So. 2d 264

District Court of Appeal of Florida | Filed: Jan 18, 1974 | Docket: 1326265

Cited 3 times | Published

affidavit does not reflect probable cause under Section 933.04, F.S. 1971, F.S.A. Thus, the resulting warrant

Williams v. State

187 So. 2d 913

District Court of Appeal of Florida | Filed: May 31, 1966 | Docket: 1768993

Cited 3 times | Published

164; Harvey v. Drake, Fla. 1949, 40 So.2d 214; § 933.04, Fla. Stat., F.S.A. The appellants also contend

Green v. State

688 So. 2d 301, 1996 WL 681387

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 1508294

Cited 2 times | Published

Const. amend. IV; Art. I, § 12, Fla. Const.; § 933.04, Fla. Stat. (1991). This particularity requirement

State v. Gayle

573 So. 2d 968, 1991 Fla. App. LEXIS 426, 1991 WL 6003

District Court of Appeal of Florida | Filed: Jan 24, 1991 | Docket: 64656045

Published

warrant was legally sufficient in this case. Section 933.04, Florida Statutes (1989) requires that a search

State v. Martin

539 So. 2d 577, 14 Fla. L. Weekly 620, 1989 Fla. App. LEXIS 1184

District Court of Appeal of Florida | Filed: Mar 9, 1989 | Docket: 64640876

Published

searched is one of the essential elements. Section 933.04 provides: The right of the people to be secure

Hunter v. State

375 So. 2d 1152, 1979 Fla. App. LEXIS 15649

District Court of Appeal of Florida | Filed: Oct 17, 1979 | Docket: 64572372

Published

constitutional view. We find no requirement in Section 933.04, Florida Statutes, or in the cases construing

Brown v. State

184 So. 2d 691, 1966 Fla. App. LEXIS 5736

District Court of Appeal of Florida | Filed: Mar 1, 1966 | Docket: 64496208

Published

have been violating the laws of this state. Section 933.04, Fla.Stat., F.S.A. provides that “no search