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

In Re: Amendments to Florida Rule of Civil Procedure 1.041 and Form 1.933

Court: Fla. | Date Filed: 2023-12-07T00:00:00-08:00

Snippet: Florida Rule of Civil Procedure 1.041 and Form 1.933 7 December 2023 Published 24d5a0085eaf3819a470518ab2b6f240ea8fce6d

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-23T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-01-24T00:00:00-08:00

Citation: 130 So. 3d 757

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

Limbaugh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-16T23:53:00-08:00

Citation: 887 So. 2d 387

Snippet: an affidavit and obtained search warrants. See § 933.07(1), Fla. Stat. (2003). The warrants described the…presence of one actual limitation in subsection (2) of 933.07(1) demonstrates beyond any quibble that when the… a search warrant is contrary to statute. See § 933.07, Fla. Stat. (1997). Pre-seizure hearings are `necessarily…addition of the citrus canker provision to section 933.07(2) that the Legislature is aware of its authority… 23. With regard to search and seizure, section 933.07(1), Florida Statutes (2003), authorizes the search

Haire v. Florida Department of Agriculture & Consumer Services

Court: Fla. | Date Filed: 2004-02-12T00:00:00-08:00

Citation: 870 So. 2d 774

Snippet: Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes county-wide… does not appeal the determination that section 933.07(2) is unconstitutional, the petitioners, who own

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

Court: Fla. | Date Filed: 2004-02-11T23:53:00-08:00

Citation: 870 So. 2d 774

Florida Dept. of Agriculture and Consumer Services v. Haire

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-14T23:53:00-08:00

Citation: 836 So. 2d 1040

Snippet: area-wide search warrants authorized under section 933.07(2), Florida Statutes (2002), are unconstitutional…and is therefore constitutional, but that section 933.07(2) does violate the Fourth Amendment. We further… following conclusions: 1) sections 581.184 and 933.07 are unconstitutional because they violate Article…inspect for citrus canker. The court held section 933.07(2) unconstitutional.[6] It also required the Department…Fourth Amendment. Second, it contends that section 933.07(2) authorizes area-wide administrative search warrants

State v. Viatical Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-04T00:53:00-07:00

Citation: 741 So. 2d 560

Snippet: a search warrant is contrary to statute. See § 933.07, Fla. Stat. (1997). Pre-seizure hearings are "…issuance of search warrants is governed by section 933.07, Florida Statutes (1997), which provides: [t]he

State v. Gayle

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-24T00:00:00-08:00

Citation: 573 So. 2d 968

Snippet: done in this case. Further, sections 933.05 and 933.07, Florida Statutes, require only that the warrant… affidavit” or other proof. Sections 933.06 and 933.07 require the issuing magistrate to have affidavits

State v. Nelson

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-27T00:53:00-07:00

Citation: 542 So. 2d 1043

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

Benson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-20T00:53:00-07:00

Citation: 526 So. 2d 948

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

State v. Griffis

Court: Fla. Dist. Ct. App. | Date Filed: 1987-02-26T00:00:00-08:00

Citation: 502 So. 2d 1356

Snippet: municipality. We cannot agree. It is true that section 933.07 authorizes a judge to issue a search warrant to…AFFIRMED. DAUKSCH and COBB, JJ., concur. . Section 933.07 provides: Issuance of search warrants. — The judge

Ryals v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-17T23:53:00-08:00

Citation: 498 So. 2d 1365

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-07-08T00:53:00-07:00

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

State v. Haugee

Court: Fla. Dist. Ct. App. | Date Filed: 1981-07-22T00:53:00-07:00

Citation: 402 So. 2d 1216

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

Stewart v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-11-12T00:00:00-08:00

Citation: 389 So. 2d 1231

Snippet: the evidence seized under the warrant. Section 933.07, Florida Statutes (1979), governs the issuance …Consequently, the warrant did not comply with section 933.07. Search warrants which do not conform strictly …a fatal defect. The court reasoned that section 933.07 mandated the signing of the warrant and that strict…among that class of persons authorized by section 933.07 to be directed to do so is irrelevant because there

State v. Russo

Court: Fla. Dist. Ct. App. | Date Filed: 1980-07-16T00:00:00-07:00

Citation: 389 So. 2d 213

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

Kaplan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1977-05-27T00:00:00-07:00

Citation: 347 So. 2d 659

Snippet: 455 (Fla. 4th DCA 1975). . Sections 933.04 and 933.07, Florida Statutes (1975). No. 76-1491

Thompson v. State

Court: Fla. | Date Filed: 1976-11-30T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1976-11-12T00:00:00-08:00

Citation: 339 So. 2d 667

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