Florida Statute 933.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 933
SEARCH AND INSPECTION WARRANTS

View Entire Chapter

F.S. 933.05

933.05 Issuance in blank prohibited.—A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized; no search warrant shall be issued in blank, and any such warrant shall be returned within 10 days after issuance thereof, except that a search warrant issued for a computer, a computer system, or an electronic device, as those terms are defined in s. 815.03, that is in the actual possession of a law enforcement agency at the time such warrant is issued shall be returned to the court within 45 days after issuance thereof.

History.—s. 5, ch. 9321, 1923; CGL 8507; s. 7, ch. 2025-176.

F.S. 933.05 on Google Scholar

F.S. 933.05 on CourtListener

Amendments to 933.05

Annotations, Discussions, Cases:

Cases Citing Statute 933.05

Total Results: 27

Power v. State

605 So. 2d 856, 1992 WL 205517

Supreme Court of Florida | Filed: Aug 27, 1992 | Docket: 1702001

Cited 37 times | Published

See Samuel v. State, 222 So.2d 3, 5 (Fla. 1969); § 933.05, Fla. Stat. (1989). We reject Power's claims that

Carlton v. State

449 So. 2d 250

Supreme Court of Florida | Filed: Mar 8, 1984 | Docket: 1695561

Cited 18 times | Published

further amplified by the Florida legislature in section 933.05, Florida Statutes (1981). That section provides

Bloom v. State

283 So. 2d 134

District Court of Appeal of Florida | Filed: Sep 6, 1973 | Docket: 1490029

Cited 17 times | Published

constitutional command is further amplified by Section 933.05, Florida Statutes, F.S.A., which specifically

Samuel v. State

222 So. 2d 3

Supreme Court of Florida | Filed: Apr 16, 1969 | Docket: 1759529

Cited 16 times | Published

defective and void ab initio under both the statute, § 933.05, Fla. Stat. 1967, F.S.A., and the Constitution

Carter v. State

199 So. 2d 324

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

Cited 16 times | Published

22 of the Declaration of Rights, supra. F.S. Section 933.05 F.S.A. prohibits issuance of a search warrant

State v. Haugee

402 So. 2d 1216

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 1313129

Cited 9 times | Published

drug abuse is being violated therein. [2] Section 933.05, Florida Statutes (1979), requires the warrant

Gerardi v. State

307 So. 2d 853

District Court of Appeal of Florida | Filed: Jan 14, 1975 | Docket: 1699807

Cited 6 times | Published

date which is within the 10 day time limit set by § 933.05, F.S. 1971. So far as we have been able to determine

State v. Featherstone

246 So. 2d 597

District Court of Appeal of Florida | Filed: Apr 13, 1971 | Docket: 1697590

Cited 6 times | Published

but the return was made on June 12, 1970. Section 933.05, Fla. Stat., F.S.A. requires that the warrant

State v. Taylor

784 So. 2d 1164, 2001 WL 282720

District Court of Appeal of Florida | Filed: Mar 23, 2001 | Docket: 1491968

Cited 4 times | Published

participated in another transaction. Furthermore, section 933.05, Florida Statutes (1999), requires that an

State v. Wade

544 So. 2d 1028, 1989 WL 41172

District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 1301044

Cited 4 times | Published

Const. amend. IV; Art. I, § 12, Fla. Const.; § 933.05, Fla. Stat. (1987). The second issue concerns

Spera v. State

467 So. 2d 329, 10 Fla. L. Weekly 548

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 1275269

Cited 4 times | Published

accordance with the ten-day limitation specified in section 933.05, Florida Statutes (1983), we hold that a search

Harden v. State

433 So. 2d 1378

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 1727529

Cited 4 times | Published

seized property within ten days as required by section 933.05 deemed harmless where no prejudice was shown)

Perez v. State

521 So. 2d 262, 1988 WL 16996

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 1348647

Cited 3 times | Published

S. Const. amend. IV; Fla. Const. art. I, § 12; § 933.05, Fla. Stat. (1985); Carlton v. State, 449 So.2d

State v. Carson

482 So. 2d 405, 10 Fla. L. Weekly 2766

District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 1768999

Cited 3 times | Published

be searched was not described as required by section 933.05, Florida Statutes (1983). The trial court granted

Pezzella v. State

390 So. 2d 97

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 1504475

Cited 3 times | Published

substantially *99 the same positive requirement. Section 933.05 of the Florida Statutes (1977) redundantly

State v. Lewis

605 So. 2d 590, 1992 WL 251032

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 1343228

Cited 2 times | Published

timeliness of the execution of the warrant, section 933.05, Florida Statutes (1987), requires a search

Lamont Davis v. State

153 So. 3d 360, 2014 Fla. App. LEXIS 20458, 2014 WL 7150501

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616018

Cited 1 times | Published

describing the property or thing to be seized.” § 933.05, Fla. Stat (2010). The affidavit in support of

State v. Cain

272 So. 2d 548

District Court of Appeal of Florida | Filed: Dec 22, 1972 | Docket: 1644047

Cited 1 times | Published

warrant was "issued in blank in violation of Section 933.05, Florida Statutes, F.S.A." The affidavit alleges

Moschella v. State of Florida

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864087

Published

until "sometime in September." Section 933.05, Florida Statutes (2020), mandates that a search

Leon Davis, Jr. v. State of Florida & Leon Davis, Jr. v. Ricky D. Dixon, etc.

Supreme Court of Florida | Filed: Feb 1, 2024 | Docket: 68215521

Published

based on a stale search warrant pursuant to section 933.05, Florida Statutes; (20) trial counsel failed

Russ v. State

185 So. 3d 622, 2016 Fla. App. LEXIS 1528, 2016 WL 438361

District Court of Appeal of Florida | Filed: Feb 5, 2016 | Docket: 60253607

Published

So.2d 1043, 1045 (Fla. 5th DCA 1989); see also § 933.05, Fla. Stat. (2013). The use of broad categories

Ingraham v. State

811 So. 2d 770, 2002 Fla. App. LEXIS 2880, 2002 WL 360009

District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 64813505

Published

warrant was insufficient on its face because section 933.05, Florida Statutes (1999), requires that a search

Clapsaddle v. State

545 So. 2d 946, 14 Fla. L. Weekly 1513, 1989 Fla. App. LEXIS 3567, 1989 WL 67460

District Court of Appeal of Florida | Filed: Jun 21, 1989 | Docket: 64643439

Published

such a requirement. Carlton, 449 So.2d at 251. Section 933.05, Florida Statutes (1981), only requires that

Suarez v. State

400 So. 2d 1048, 1981 Fla. App. LEXIS 20544

District Court of Appeal of Florida | Filed: Jul 14, 1981 | Docket: 64583829

Published

12 of the Florida Constitution (1968). See also § 933.05 Fla.Stat. (1979); Fla.R.Crim.P. 3.190(h)(l)(3)

Cain v. State

287 So. 2d 69, 1973 Fla. LEXIS 4024

Supreme Court of Florida | Filed: Dec 13, 1973 | Docket: 64536079

Published

provisions authorizing its issuance in that Fla.Stat. § 933.05, F.S.A., prohibits the issuance of a search warrant

Cain v. State

287 So. 2d 69, 1973 Fla. LEXIS 4024

Supreme Court of Florida | Filed: Dec 13, 1973 | Docket: 64536079

Published

provisions authorizing its issuance in that Fla.Stat. § 933.05, F.S.A., prohibits the issuance of a search warrant

State v. Cook

213 So. 2d 18, 1968 Fla. App. LEXIS 5082

District Court of Appeal of Florida | Filed: Jul 30, 1968 | Docket: 64506394

Published

violated both the *20letter and spirit of Fla.Stat., § 933.05, F.S.A. The trial court went on to hold that a