Florida Statute 933.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 933
SEARCH AND INSPECTION WARRANTS

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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.

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Amendments to 933.07

Arrestable Offenses / Crimes under Fla. Stat. 933.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.07.

Annotations, Discussions, Cases:

Cases Citing Statute 933.07

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2018-05-23

Citation: 248 So. 3d 1165

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

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-01-24

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

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

Limbaugh v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-11-17

Citation: 887 So. 2d 387, 2004 WL 2238978

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

Haire v. Florida Department of Agriculture & Consumer Services

Court: Supreme Court of Florida | Date Filed: 2004-02-12

Citation: 870 So. 2d 774

Snippet: Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes county-wide

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

Court: Supreme Court of Florida | Date Filed: 2004-02-12

Citation: 870 So. 2d 774

Snippet: Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes county-wide

Florida Dept. of Agriculture and Consumer Services v. Haire

Court: District Court of Appeal of Florida | Date Filed: 2003-01-15

Citation: 836 So. 2d 1040, 2003 WL 118257

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

State v. Viatical Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-08-04

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

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

State v. Gayle

Court: District Court of Appeal of Florida | Date Filed: 1991-01-24

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

Snippet: done in this case. Further, sections 933.05 and 933.07, Florida Statutes, require only that the warrant

State v. Nelson

Court: District Court of Appeal of Florida | Date Filed: 1989-04-27

Citation: 542 So. 2d 1043, 1989 WL 44853

Snippet: v. State, 508 So.2d 568 (Fla. 2d DCA 1987); §§ 933.07 & 933.11, Fla. Stat. (1987). This is not a situation

Benson v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-05-20

Citation: 526 So. 2d 948, 1988 WL 48987

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

State v. Griffis

Court: District Court of Appeal of Florida | Date Filed: 1987-02-26

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

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

Ryals v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-12-18

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-07-08

Snippet: state, county or municipal arresting officer); s 933.07 (search warrant may be issued to any police officer)

State v. Haugee

Court: District Court of Appeal of Florida | Date Filed: 1981-07-22

Citation: 402 So. 2d 1216

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

Stewart v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-11-12

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

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

State v. Russo

Court: District Court of Appeal of Florida | Date Filed: 1980-07-16

Citation: 389 So. 2d 213, 1980 Fla. App. LEXIS 16744

Snippet: brought before the court as required by Subsection 933.07, Florida Statutes (1979). No prejudice to appellee

Kaplan v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-05-27

Citation: 347 So. 2d 659

Snippet: 455 (Fla. 4th DCA 1975). . Sections 933.04 and 933.07, Florida Statutes (1975).

Thompson v. State

Court: Supreme Court of Florida | Date Filed: 1976-11-30

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

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

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-11-12

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

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

Martin v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-07-16

Citation: 344 So. 2d 248

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