Florida Statutes
Fla. Stat. § 933.06 (2025)
Sworn application required before issuance.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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933.06 Sworn application required before issuance.—The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application. The affidavit and further proof, if same be had or required, must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1947–2025 · leading case: State v. Tolmie, 421 So. 2d 1087 (Fla. 4th DCA 1982).
State v. Tolmie, 421 So. 2d 1087 (Fla. 4th DCA 1982). “*1088 The statute in question, Section 933.06, Florida Statutes (1981), provides: The judge or magistrate must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or…”
Moreno-Gonzalez v. State, 67 So. 3d 1020 (Fla. 2011). “§ 933.06, Fla. Stat. (2007) (emphasis supplied).”
State v. Moreno-Gonzalez, 18 So. 3d 1180 (Fla. 3d DCA 2009). “§ 933.06, Fla. Stat. (2007) ("The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed[.”
Swartz v. State, 316 So. 2d 618 (Fla. 1st DCA 1975). “06, which deals with applications for search warrants in general provides: "The judge or magistrate must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting…”
Panzavecchia v. State, 201 So. 2d 762 (Fla. 3d DCA 1967). “However, the State contended that, pursuant to the provisions of § 933.06, Fla. Stat., [1] F.S.A., it had a right to offer additional evidence, which it contended it did before the judge who issued the warrant in support thereof.”
Collins v. State, 465 So. 2d 1266 (Fla. 2d DCA 1985). “Section 933.06, Florida Statutes (1983), [2] as well as our federal and Florida Constitutions, require a sworn basis for a search warrant.”
State v. Wolff, 310 So. 2d 729 (Fla. 1975). “The court contrasted that provision with the statutory section applicable to all search warrant affidavits, specifically Section 933.06, Florida Statutes, and concluded: "Therefore, the only way to give effect to both statutes is to hold that section 933.”
State of Florida v. Lewis Stouffer, Clark Jeffrey Thompson & Craig Turturo, 248 So. 3d 1165 (Fla. 4th DCA 2018). “Section 933.06, Florida Statutes (2011), states: 2 The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing,…”
State v. Bernie, 472 So. 2d 1243 (Fla. 2d DCA 1985). “; § 933.06, Fla. Stat. (1983). Thus, in Collins , although the search warrant was regular on its face, the unsworn supporting affidavit was so fundamentally defective that no Florida police officer could objectively reasonably rely in good faith on the circuit judge's probable…”
Hamelmann v. State, 113 So. 2d 394 (Fla. 1st DCA 1959). “[2] F.S. § 933.06, F.S.A. [3] 162 A.L.R. 1414 et seq.”
Howard v. State, 483 So. 2d 844 (Fla. 1st DCA 1986). “2d DCA 1985) the affiant had not taken the requisite oath, pursuant to section 933.06, Florida Statutes, prior to signing a supporting affidavit.”
Wolff v. State, 291 So. 2d 15 (Fla. 3d DCA 1974). “2d 762 , 764, this court held: * * * * * * "We hold that an affidavit in support of a search warrant for a dwelling house must show probable cause on the face thereof and that the State is not permitted to support the affidavit with additional evidence, as permitted by § 933.06,…”
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