Florida Statute 933.09 | 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. 933.09

933.09 Officer may break open door, etc., to execute warrant.—The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after due notice of the officer’s authority and purpose he or she is refused admittance to said house or access to anything therein.

History.—s. 9, ch. 9321, 1923; s. 1, ch. 10273, 1925; CGL 8511; s. 1571, ch. 97-102.

F.S. 933.09 on Google Scholar

F.S. 933.09 on Casetext

Amendments to 933.09

Arrestable Offenses / Crimes under Fla. Stat. 933.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.09.

Annotations, Discussions, Cases:

Cases Citing Statute 933.09

Total Results: 20

State of Florida v. Keith Alexander Times

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

Snippet: section 933.09. As it has long been the law in Florida that a violation of a 1 Section 933.09 is one…the search arguing the officers violated section 933.09, Florida Statutes (2020), the “knock-and-announce…knock-and-announce” statutes in Florida. Section 933.09 pertains to searches and provides that an …reasonably believed to be. Because both sections 933.09 and 901.19 “impose the same salutary requirement…opportunity to respond, the search violates section 933.09.” Kellom, 849 So. 2d at 394 (citing Holloway v.

Falcon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-27T00:00:00-07:00

Citation: 230 So. 3d 168

Snippet: anything therein. § 933.09. The policy ' underlying section 933.09 derives from the sentiment…otherwise violate' section 933,09). Significantly, however, section 933.09 does not provide how long…Florida’s “knock-and-announce” statute, section 933.09, Florida Statutes (2013), and (2) the search warrant…opportunity to respond, the search violates section 933.09. Holloway v. State, 718 So.2d 1281, 1282 (Fla. …absent certain exigencies, a violation of section 933.09 warrants suppression. See generally State v. Cable

Carter v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-21T00:00:00-07:00

Citation: 173 So. 3d 1048, 2015 Fla. App. LEXIS 10949, 2015 WL 4429085

Snippet: of the police’s failure to comply with section 933.09, Florida Statutes (2011), the knock- and-announce…announce his presence, and announce his purpose. See § 933.09, Fla. Stat.; see also Soto v. State, 75 So.3d 296…properly knock and announce pursuant to section 933.09. Appellant, who was asleep until officers entered

Mendez-Jorge v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-21T00:00:00-07:00

Citation: 135 So. 3d 464, 2014 WL 1094450, 2014 Fla. App. LEXIS 4174

Snippet: the common law knock-and-announce rule at section 933.09, Florida Statutes (2012), which provides: The officer…opportunity to respond, the search violates section 933.09.” Spradley v. State, 933 So.2d 51, 53 (Fla. 2d …787 So.2d 906, 908 (Fla. 2d DCA 2001)). Section 933.09 does not set forth a certain period of time that

State v. Cable

Court: Fla. | Date Filed: 2010-12-09T00:00:00-08:00

Citation: 51 So. 3d 434, 35 Fla. L. Weekly Supp. 705, 2010 Fla. LEXIS 2084, 2010 WL 4977491

Snippet: believed to be.[2] *438A separate statute, section 933.09, Fla. Stat. (2005), parallels this language for…comply with knock- and-announce statute — section 933.09 (citing Benefield)); Moreno v. State, 277 So.2d

State v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-17T00:00:00-08:00

Citation: 50 So. 3d 37, 2010 Fla. App. LEXIS 17683, 2010 WL 4628590

Snippet: "knock-and-announce" statute, section 933.09, Florida Statutes (2009), and (2) no exigent circumstances…permission to enter, seems impractical. Section 933.09 refers to "due notice of the officer'

City of St. Petersburg v. Remia

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-16T00:00:00-07:00

Citation: 41 So. 3d 322, 2010 Fla. App. LEXIS 10448, 2010 WL 2788287

Snippet: of Mgmt. Servs. Div. of Ret., Nos. 08-4766, 09-0933, 09-0934, 09-0935, 09-0936, 09-0937, 09-0938, 2009

Pilieci v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-09T00:00:00-07:00

Citation: 991 So. 2d 883

Snippet: the "knock-and-announce" rule. See § 933.09, Fla. Stat. (2005); Hudson v. Michigan, 547 U.S

Jenkins v. State

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 978 So. 2d 116

Snippet: knock-and-announce" requirement of section 933.09 of the Florida Statutes (2005) because that statutory

State v. Pruitt

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-02T00:53:00-07:00

Citation: 967 So. 2d 1021

Snippet: Florida's knock-and-announce statute, section 933.09, Florida Statutes (2003). The trial court agreed…Connor v. State, 803 So.2d 598 (Fla.2001). Section 933.09 states: The officer may break open any outer door…long enough so as to be in compliance with section 933.09 is that there is insufficient case law covering…in greater peril had they complied with section 933.09." As the trial court correctly stated in its…if law enforcement fails to comply with section 933.09 on the basis of officer peril or any other exception

Pigford v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-04T00:00:00-07:00

Citation: 935 So. 2d 93, 2006 Fla. App. LEXIS 13015, 2006 WL 2191262

Snippet: and announce procedure.” See Florida Statutes § 933.09 (2002). Once inside, the officers found Mr. Pigford

Spradley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-19T00:00:00-07:00

Citation: 933 So. 2d 51, 2006 Fla. App. LEXIS 7875, 2006 WL 1359641

Snippet: his residence to execute a search warrant. See § 933.09, Fla. Stat. (2003). Because the officers intentionally…announce. II. THE KNOCK-AND-ANNOUNCE RULE Section 933.09 provides: The officer may break open any outer …said house or access to anything therein. Section 933.09 thus requires law enforcement to provide due notice…opportunity to respond, the search violates section 933.09. See Richardson v. State, 787 So.2d 906, 908 (Fla… 2d DCA 1990). III. STANDING TO ENFORCE SECTION 933.09 AND ENTITLEMENT TO THE EXCLUSIONARY REMEDY Although

Jenkins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-24T23:53:00-08:00

Citation: 924 So. 2d 20

Snippet: exclusionary rule for all statutory violations. Section 933.09, Florida Statutes (2005), contains a knock-and-…the [knock-and-announce requirements] of section 933.09, Florida Statutes (1987). This judicially created

ST. AUGUSTINE MARINE CANVAS v. Lunsford

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-18T23:53:00-08:00

Citation: 917 So. 2d 280

Snippet: alternatives." City of Bartow, 896 So.2d at 933.[9] It is also noteworthy that Dr. Northrup's

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-14T00:53:00-07:00

Citation: 913 So. 2d 19

Snippet: to knock and announce in compliance with section 933.09, Florida Statutes (2003). In the alternative he…time for him to respond to their knock. Section 933.09 provides that law enforcement officers may forcibly

State v. Washington

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-23T00:53:00-07:00

Citation: 884 So. 2d 97

Snippet: Florida's knock and announce statute, section 933.09, Florida Statutes (2001). Because we conclude that…warrant was executed in compliance *98 with section 933.09. We do note, however, that there is record evidence

State v. Washington

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-23T00:00:00-07:00

Citation: 884 So. 2d 97, 2004 Fla. App. LEXIS 5583

Snippet: of Florida’s knock and announce statute, section 933.09, Florida Statutes (2001). Because we conclude that…warrant was executed in compliance *98with section 933.09. We do note, however, that there is record evidence

Hernandez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-20T23:53:00-08:00

Citation: 863 So. 2d 484

Snippet: the Florida and Federal Constitutions and section 933.09, Florida Statutes (1999). We find no error in the…#39;s denial of the motion to suppress. Section 933.09 provides: The officer may break open any outer …U.S.C. § 3109, which is almost identical to section 933.09. See United States v. Banks, ___ U.S. ___, 124

Kellom v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-18T00:00:00-07:00

Citation: 849 So. 2d 391

Snippet: knock and announce" rule codified in section 933.09, Florida Statutes (2000). We agree and, therefore…codified the knock and announce rule in section 933.09, which provides as follows: The officer may break…said house or access to anything therein. Section 933.09 imposes two requirements. First, law enforcement…ultimate refusal will be express or implied, section 933.09 and case law interpreting such require that some…occupant to respond. Id. The policy underlying section 933.09 "derives from the sentiment that there `is

State v. Cassells

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-31T00:00:00-08:00

Citation: 835 So. 2d 397

Snippet: evidence under the knock-and-announce rule, section 933.09, Florida Statutes (2001). We reverse because the…waiting periods that presumptively satisfied section 933.09 under most sets of circumstances.[1] As it stands… Mr. Cassells had occurred far earlier. Section 933.09 states: The officer may break open any outer door…STRINGER, JJ., Concur. NOTES [1] For example, section 933.09 could provide that, absent exigent circumstances