Florida Statute 933.07 - 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. 933.07

933.07 Issuance of search warrants.—

(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s deputies or any police officer or other person authorized by law to execute process, commanding the officer or person forthwith to search the property described in the warrant or the person named, for the property specified, and to bring the property and any person arrested in connection therewith before the judge or some other court having jurisdiction of the offense.

(2) Notwithstanding any other provisions of this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a court proceeding prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant. Such search warrant may be served by employees or authorized contractors of the Department of Agriculture and Consumer Services. Such search warrant may be made returnable at any time up to 6 months from the date of issuance.

(3) A judge may electronically sign a search warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the application and proofs submitted, determines that the application:

(a) Bears the affiant’s signature, or electronic signature if the application was submitted electronically.

(b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.

(4) A search warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40.

History.—s. 7, ch. 9321, 1923; CGL 8509; s. 42, ch. 73-334; s. 1, ch. 79-131; s. 1570, ch. 97-102; s. 3, ch. 2002-11; s. 37, ch. 2004-11; s. 158, ch. 2007-5; s. 2, ch. 2013-247.

F.S. 933.07 on Google Scholar

F.S. 933.07 on CourtListener

Amendments to 933.07

Annotations, Discussions, Cases:

Cases Citing Statute 933.07

Total Results: 30

Alford v. State

307 So. 2d 433

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 2467682

Cited 66 times | Published

Const., art. I, § 12, F.S.A., and Fla. Stat. § 933.07, F.S.A., defendant argues that each of these requires

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

emphasis on the *Page 356 last clause of this Section 933.07, above quoted, and also upon Section 901.01

Carter v. State

199 So. 2d 324

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

Cited 16 times | Published

magistrate before the warrant is issued. F.S. Section 933.07 F.S.A. fixes the judicial duty upon the judge

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

probable cause for believing that they exist." Section 933.07 Florida Statutes 1941 provides that "The judge

Haire v. FLA. DEPT. OF AGR. & CONS. SERV.

870 So. 2d 774

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 1330650

Cited 15 times | Published

The Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes

Joyner v. City of Lakeland

90 So. 2d 118

Supreme Court of Florida | Filed: Oct 24, 1956 | Docket: 1656215

Cited 12 times | Published

forthwith. This contention is based upon F.S. § 933.07, F.S.A. which provides in part as follows: "The

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

area-wide search warrants authorized under section 933.07(2), Florida Statutes (2002), are unconstitutional;

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

an affidavit and obtained search warrants. See § 933.07(1), Fla. Stat. (2003). The warrants described

State v. Haugee

402 So. 2d 1216

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

Cited 9 times | Published

person, place or thing to be searched... ." Section 933.07, Florida Statutes (1979), provides the warrant

Purcell v. State

325 So. 2d 83

District Court of Appeal of Florida | Filed: Jan 16, 1976 | Docket: 1244555

Cited 8 times | Published

Constitution or by the warrant which, pursuant to § 933.07, F.S. 1973, specified the property sought and

State v. Lewis

225 So. 2d 170

District Court of Appeal of Florida | Filed: Jun 27, 1969 | Docket: 1444894

Cited 8 times | Published

if it is cumulative to the affiant's, nor does § 933.07, F.S.A. require that such informant be identified

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

searches of persons. See §§ 933.04, 933.07. Section 933.07 provides for warrants "to search ... the person

Nofs v. State

295 So. 2d 308

District Court of Appeal of Florida | Filed: Jun 5, 1974 | Docket: 1762258

Cited 7 times | Published

properly returned to the court, as provided by F.S. § 933.07, F.S.A. The return of a search warrant is a ministerial

Ryals v. State

498 So. 2d 1365, 12 Fla. L. Weekly 9

District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 1699724

Cited 5 times | Published

issued failed to demonstrate probable cause. Section 933.07, Florida Statutes (1985), requires a finding

Martin v. State

344 So. 2d 248

District Court of Appeal of Florida | Filed: Jul 16, 1976 | Docket: 1517716

Cited 5 times | Published

appellant during the execution of the warrant. Section 933.07, F.S. 1973, requires that, upon sufficient

State v. Dawson

276 So. 2d 65

District Court of Appeal of Florida | Filed: Apr 5, 1973 | Docket: 1439245

Cited 4 times | Published

jurisdiction of the offense as prescribed by Section 933.07, Florida Statutes, F.S.A. See also Searches

State v. Laiser

322 So. 2d 490

Supreme Court of Florida | Filed: Oct 29, 1975 | Docket: 1413358

Cited 3 times | Published

offense, to be dealt with according to law... ." Section 933.07, Florida Statutes (1973), states that search

STATE OF FLORIDA v. LEWIS STOUFFER, CLARK JEFFREY THOMPSON and CRAIG TURTURO

248 So. 3d 1165

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862849

Cited 2 times | Published

enforcement officers may execute a search warrant. Section 933.07(1), Florida Statutes, provides: The

State v. Viatical Services, Inc.

741 So. 2d 560, 1999 Fla. App. LEXIS 10478, 1999 WL 565896

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1511143

Cited 2 times | Published

of a search warrant is contrary to statute. See § 933.07, Fla. Stat. (1997). Pre-seizure hearings are "necessarily

State v. Griffis

502 So. 2d 1356, 12 Fla. L. Weekly 628, 1987 Fla. App. LEXIS 6992

District Court of Appeal of Florida | Filed: Feb 26, 1987 | Docket: 64625280

Cited 2 times | Published

municipality. We cannot agree. It is true that section 933.07 authorizes a judge to issue a search warrant

State v. Schectman

291 So. 2d 259

District Court of Appeal of Florida | Filed: Feb 22, 1974 | Docket: 1704675

Cited 2 times | Published

before the magistrate ... as prescribed by Section 933.07 of the Florida Statutes, F.S.A., ...".[1] The

Williams v. State

130 So. 3d 757, 2014 WL 258752, 2014 Fla. App. LEXIS 738

District Court of Appeal of Florida | Filed: Jan 24, 2014 | Docket: 60237880

Cited 1 times | Published

justifies the search warrant. U.S. Const. amend. IV; § 933.07(1), Fla. Stat. (2011). That examination is limited

Haire v. Florida Department of Agriculture & Consumer Services

870 So. 2d 774

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 64829866

Cited 1 times | Published

The Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes

Laiser v. State

299 So. 2d 39

District Court of Appeal of Florida | Filed: Aug 16, 1974 | Docket: 1499481

Cited 1 times | Published

to command the executing officer, pursuant to F.S. 933.07 to return the seized property before the judge

Stewart v. State

389 So. 2d 1231, 1980 Fla. App. LEXIS 17620

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 64578729

Published

suppressing the evidence seized under the warrant. Section 933.07, Florida Statutes (1979), governs the issuance

Thompson v. State

342 So. 2d 52, 1976 Fla. LEXIS 4537

Supreme Court of Florida | Filed: Nov 30, 1976 | Docket: 64556982

Published

investigation of lesser forms of misconduct. . See § 933.07, Fla.Stat. (1975), permitting the issuance of

Johnson v. State

339 So. 2d 667, 1976 Fla. App. LEXIS 15673

District Court of Appeal of Florida | Filed: Nov 12, 1976 | Docket: 64556010

Published

of her office to the search warrant pursuant to § 933.07, Fla.Stat. (1973) vitiates the warrants validity

State v. Phillip

311 So. 2d 796, 1975 Fla. App. LEXIS 15131

District Court of Appeal of Florida | Filed: May 2, 1975 | Docket: 64545985

Published

jurisdiction of the offense as required by F.S. § 933.07. It is our conclusion that this case falls squarely

State v. Jones

307 So. 2d 456, 1975 Fla. App. LEXIS 14618

District Court of Appeal of Florida | Filed: Feb 10, 1975 | Docket: 64544215

Published

not satisfy by implication the mandate of F.S. § 933.07, requiring that the property be brought before

Nichols v. State

231 So. 2d 526, 1970 Fla. App. LEXIS 6934

District Court of Appeal of Florida | Filed: Feb 4, 1970 | Docket: 64513230

Published

jurisdiction”. The search warrant statute, F.S. § 933.07, F.S.A., requires that the search warrant command