Florida Statute 933.09 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 933.09

Annotations, Discussions, Cases:

Cases Citing Statute 933.09

Total Results: 82

Johnson v. State

27 So. 2d 276, 157 Fla. 685, 1946 Fla. LEXIS 831

Supreme Court of Florida | Filed: Jul 9, 1946 | Docket: 3274898

Cited 57 times | Published

prior to their entry therein, as is required by Section 933.09 F.S.A., and that the said officers and agents

Power v. State

605 So. 2d 856, 1992 WL 205517

Supreme Court of Florida | Filed: Aug 27, 1992 | Docket: 1702001

Cited 37 times | Published

their identities and purpose in violation of section 933.09, Florida Statutes (1989); and (3) the search

Power v. State

605 So. 2d 856, 1992 WL 205517

Supreme Court of Florida | Filed: Aug 27, 1992 | Docket: 1702001

Cited 37 times | Published

their identities and purpose in violation of section 933.09, Florida Statutes (1989); and (3) the search

State v. Bamber

630 So. 2d 1048, 1994 WL 11608

Supreme Court of Florida | Filed: Jan 20, 1994 | Docket: 418926

Cited 30 times | Published

and the district court affirmed, ruling that section 933.09, Florida Statutes (1989), requires officers

Jenkins v. State

978 So. 2d 116, 2008 WL 596782

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1154901

Cited 20 times | Published

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

State v. Kelly

287 So. 2d 13

Supreme Court of Florida | Filed: Oct 31, 1973 | Docket: 1171122

Cited 16 times | Published

was not executed in compliance with Fla. Stat. § 933.09, F.S.A., requiring prior "due notice of authority

Pilieci v. State

991 So. 2d 883, 2008 WL 942042

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1725351

Cited 13 times | Published

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

State v. Bamber

592 So. 2d 1129, 1991 WL 272640

District Court of Appeal of Florida | Filed: Dec 20, 1991 | Docket: 1429349

Cited 12 times | Published

requirements at the time the search was performed. See § 933.09, Fla. Stat. (1989); Benefield v. State, 160 So

State v. Collier

270 So. 2d 451

District Court of Appeal of Florida | Filed: Dec 19, 1972 | Docket: 393753

Cited 12 times | Published

compliance with the requirements imposed by F.S. Section 933.09, F.S.A. 1971. On 8 May 1970 a search warrant

Richardson v. State

787 So. 2d 906, 2001 WL 484003

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 1744976

Cited 11 times | Published

enforcement officers failed to comply with section 933.09, Florida Statutes (1999), the "knock and announce"

State v. Price

564 So. 2d 1239, 1990 WL 108833

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1294354

Cited 11 times | Published

The "knock and announce" rule, embodied in section 933.09, Florida Statutes (1989) provides: 933.09

Berryman v. State

368 So. 2d 893

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 1389847

Cited 10 times | Published

second point raises the alleged violation of Section 933.09, Florida Statutes (1977), by the police officer

State v. Roman

309 So. 2d 12

District Court of Appeal of Florida | Filed: Feb 14, 1975 | Docket: 1770376

Cited 10 times | Published

"knock-and-announce" statutes, F.S. § 901.19(1); F.S. § 933.09; see the leading case of Benefield v. State, Fla

State v. Bernie

472 So. 2d 1243, 10 Fla. L. Weekly 1551

District Court of Appeal of Florida | Filed: Jun 21, 1985 | Docket: 1793253

Cited 9 times | Published

and the other officers fully complied with section 933.09, Florida Statutes (1983), and entered the Bernies'

Hernandez v. State

863 So. 2d 484, 2004 WL 86306

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1728574

Cited 8 times | Published

violated the Florida and Federal Constitutions and section 933.09, Florida Statutes (1999). We find no error

State v. Robinson

565 So. 2d 730, 1990 WL 84421

District Court of Appeal of Florida | Filed: Jun 22, 1990 | Docket: 1726048

Cited 8 times | Published

and purpose" before forcibly entering the home. § 933.09, Fla. Stat. (1987). We affirm the order but certify

Armenteros v. State

554 So. 2d 574, 1989 WL 153714

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 1319418

Cited 8 times | Published

and announcing their presence as mandated by section 933.09, Florida Statutes (1985) ("knock and announce"

State v. Drowne

436 So. 2d 916

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 1340257

Cited 8 times | Published

Collier, 270 So.2d 451 (Fla. 4th DCA 1972). [5] Section 933.09, Florida Statutes (1981), provides: The officer

Craft v. State

638 So. 2d 1011, 1994 WL 264280

District Court of Appeal of Florida | Filed: Jun 15, 1994 | Docket: 1652620

Cited 7 times | Published

knock-and-announce procedures set forth in section 933.09, Florida Statutes (1993).[1] The importance

State v. Yenke

288 So. 2d 531

District Court of Appeal of Florida | Filed: Jan 25, 1974 | Docket: 1326180

Cited 7 times | Published

a search warrant in the situation at bar is Section 933.09, Florida Statutes 1971, F.S.A. It provides:

Holloway v. State

718 So. 2d 1281, 1998 WL 719527

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 1515042

Cited 6 times | Published

The knock-and-announce rule is codified in section 933.09, Florida Statutes (1995), and provides that

State v. Avendano

540 So. 2d 920, 1989 WL 29041

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1144070

Cited 5 times | Published

sheriff failed to comply with the requirements of section 933.09, Florida Statutes (1987), Avendano moved to

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

cause? We answer both questions affirmatively. Section 933.09, Florida Statutes (1985), Florida's "knock

Jenkins v. State

924 So. 2d 20, 2006 WL 167672

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1735947

Cited 4 times | Published

exclusionary rule for all statutory violations. Section 933.09, Florida Statutes (2005), contains a knock-and-announce

Braham v. State

724 So. 2d 592, 1999 WL 2553

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 2540941

Cited 4 times | Published

forth above but was executed in accordance with F.S. 933.09 and F.S. 933.10. We agree with the trial court

Wilson v. State

673 So. 2d 505, 1996 WL 184454

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 1671307

Cited 4 times | Published

comply with the knock-and-announce provisions of section 933.09, Florida Statutes (1993). Because we conclude

State v. Bell

564 So. 2d 1235, 1990 WL 108830

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1689189

Cited 4 times | Published

with the knock-and-announce rule set forth in section 933.09, Florida Statutes (1985). The trial court conducted

Rodriguez v. State

484 So. 2d 1297, 11 Fla. L. Weekly 563

District Court of Appeal of Florida | Filed: Mar 4, 1986 | Docket: 1702464

Cited 4 times | Published

court recognized, this action plainly violated Section 933.09, Florida Statutes (1983), which provides: "933

Van Allen v. State

454 So. 2d 49

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 444554

Cited 4 times | Published

The statutory provision applicable here is Section 933.09, Florida Statutes (1983), which relates to

State v. Manning

396 So. 2d 219

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1447460

Cited 4 times | Published

that the officers had failed to comply with Section 933.09, Florida Statutes (1977).[1] The State submits

State v. Johnson

372 So. 2d 536

District Court of Appeal of Florida | Filed: Jun 29, 1979 | Docket: 1325193

Cited 4 times | Published

an alleged violation of Section 901.19 and Section 933.09, Florida Statutes (1977)[1] which require law

Carter v. State

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

District Court of Appeal of Florida | Filed: Jul 21, 2015 | Docket: 60250193

Cited 3 times | Published

because of the police’s failure to comply with section 933.09, Florida Statutes (2011), the knock- and-announce

State v. Cable

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

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60297631

Cited 3 times | Published

believed to be.[2] *438A separate statute, section 933.09, Fla. Stat. (2005), parallels this language

Simmons v. State

913 So. 2d 19, 2005 WL 2217968

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 1698385

Cited 3 times | Published

failed to knock and announce in compliance with section 933.09, Florida Statutes (2003). In the alternative

State v. Washington

884 So. 2d 97, 2004 WL 868011

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 2544991

Cited 3 times | Published

violation of Florida's knock and announce statute, section 933.09, Florida Statutes (2001). Because we conclude

State v. Washington

884 So. 2d 97, 2004 WL 868011

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 2544991

Cited 3 times | Published

violation of Florida's knock and announce statute, section 933.09, Florida Statutes (2001). Because we conclude

Kellom v. State

849 So. 2d 391, 2003 WL 21394524

District Court of Appeal of Florida | Filed: Jun 18, 2003 | Docket: 94262

Cited 3 times | Published

violated the "knock and announce" rule codified in section 933.09, Florida Statutes (2000). We agree and, therefore

State v. Cassells

835 So. 2d 397, 2003 WL 201341

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 1643089

Cited 3 times | Published

evidence under the knock-and-announce rule, section 933.09, Florida Statutes (2001). We reverse because

State v. Clarke

387 So. 2d 980

District Court of Appeal of Florida | Filed: Jul 9, 1980 | Docket: 1706141

Cited 3 times | Published

warrant violated the "knock and announce rule", Section 933.09, Florida Statutes. With respect to the latter

Kistner v. State

379 So. 2d 128

District Court of Appeal of Florida | Filed: Dec 6, 1979 | Docket: 163482

Cited 3 times | Published

Collier, 270 So.2d 451 (Fla. 4th DCA 1972); Section 933.09, Florida Statutes (1977). REVERSED. ERVIN,

Torna v. State

358 So. 2d 1109

District Court of Appeal of Florida | Filed: Apr 25, 1978 | Docket: 2567085

Cited 3 times | Published

v. Smith, 308 So.2d 600 (Fla. 3d DCA 1975); Section 933.09, Florida Statutes (1975); and Fla.R. Crim.P

State v. Pruitt

967 So. 2d 1021, 2007 WL 3225376

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 1454099

Cited 2 times | Published

violated Florida's knock-and-announce statute, section 933.09, Florida Statutes (2003). The trial court agreed

State v. Elkhill

715 So. 2d 327, 1998 WL 422167

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1716938

Cited 2 times | Published

executed in violation of the knock and announce rule, § 933.09, Fla. Stat. (1997), because the officers did not

State v. Thomas

604 So. 2d 1277, 1992 WL 217072

District Court of Appeal of Florida | Filed: Sep 11, 1992 | Docket: 1289730

Cited 2 times | Published

exception to the knock and announce requirement of section 933.09, Florida Statutes (1991), in all instances

State v. Hills

428 So. 2d 715

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1374557

Cited 2 times | Published

sufficient to identify the goods to be seized. Section 933.09, Florida Statutes (1981) requires the officer

Newberry v. State

421 So. 2d 546

District Court of Appeal of Florida | Filed: Sep 15, 1982 | Docket: 1719419

Cited 2 times | Published

knock and announce procedures provided for in Section 933.09 of the Florida Statutes. The court found that

Nank v. State

406 So. 2d 1282

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 2577165

Cited 2 times | Published

been suppressed because the officers violated Section 933.09, Florida Statutes (1979) when executing the

Hunsucker v. State

379 So. 2d 1043

District Court of Appeal of Florida | Filed: Feb 20, 1980 | Docket: 1986099

Cited 2 times | Published

half the instances in which he complied with Section 933.09, Florida Statutes (1979), before entering.

State v. Prickett

305 So. 2d 222

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 51410

Cited 2 times | Published

execute the search warrant as required by Fla. Stat. § 933.09. See, State v. Kelly, Fla. 1973, 287 So.2d 13;

Falcon v. State

230 So. 3d 168

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181367

Cited 1 times | Published

violated Florida’s “knock-and-announce” statute, section 933.09, Florida Statutes (2013), and (2) the search

Randall v. State

793 So. 2d 59, 2001 WL 788113

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1266276

Cited 1 times | Published

comply with the "knock-and-announce" rule in section 933.09, Florida Statutes (1999), by not affording

State v. Herstone

633 So. 2d 110, 1994 Fla. App. LEXIS 1961, 1994 WL 72093

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 64746806

Cited 1 times | Published

set forth in section 933.09, Florida Statutes (1991). We disagree and reverse. Section 933.09 allows an

State v. Delasierra

614 So. 2d 564, 1993 WL 31977

District Court of Appeal of Florida | Filed: Feb 9, 1993 | Docket: 449219

Cited 1 times | Published

defendants' residence for failure to comply with section 933.09, Florida Statutes (1989), in executing a search

State v. Gray

518 So. 2d 301, 1987 WL 1275

District Court of Appeal of Florida | Filed: Nov 6, 1987 | Docket: 1777909

Cited 1 times | Published

violated Florida's "knock and announce" statute. § 933.09, Florida Statutes (1985). We disagree and reverse

State of Florida v. Keith Alexander Times

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422840

Published

of the search arguing the officers violated section 933.09, Florida Statutes (2020), the “knock-and-announce”

Mendez-Jorge v. State

135 So. 3d 464, 2014 WL 1094450, 2014 Fla. App. LEXIS 4174, 39 Fla. L. Weekly Fed. D 599

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239648

Published

codified the common law knock-and-announce rule at section 933.09, Florida Statutes (2012), which provides: The

State v. Fernandez

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

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2527331

Published

violated Florida's "knock-and-announce" statute, section 933.09, Florida Statutes (2009), and (2) no exigent

Pigford v. State

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

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 64845954

Published

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

Spradley v. State

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

District Court of Appeal of Florida | Filed: May 19, 2006 | Docket: 64845698

Published

his residence to execute a search warrant. See § 933.09, Fla. Stat. (2003). Because the officers intentionally

State v. Washington

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

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 64833428

Published

violation of Florida’s knock and announce statute, section 933.09, Florida Statutes (2001). Because we conclude

Rogers v. State

795 So. 2d 142, 2001 Fla. App. LEXIS 12072, 2001 WL 965056

District Court of Appeal of Florida | Filed: Aug 27, 2001 | Docket: 64808759

Published

claims was illegally seized in violation of section 933.09, Florida Statutes. We agree that the search

Ealey v. State

714 So. 2d 1162, 1998 Fla. App. LEXIS 9483, 1998 WL 427199

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 64781969

Published

comply with the knock and announce procedures of section 933.09, Florida Statutes, we reverse. Acting upon

State v. McDuffie

707 So. 2d 1196, 1998 Fla. App. LEXIS 3664, 1998 WL 158782

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64779804

Published

violation of Florida’s knock-and-an-nounce statute, section 933.09, Florida Statutes (1995). State v. Bamber,

Gerstenberger v. State

667 So. 2d 1009, 1996 Fla. App. LEXIS 1017, 1996 WL 61365

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 64762245

Published

with the knock and announce requirements of section 933.09, Florida Statutes (1993). We reverse and strike

State v. Blest

647 So. 2d 126, 1994 Fla. App. LEXIS 3253, 1994 WL 114782

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 64752874

Published

emphasize that such a technical violation of section 933.09, Florida Statutes (1991) is, in my opinion

Albritton v. State

634 So. 2d 1114, 1994 Fla. App. LEXIS 3211, 1994 WL 113642

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 64747602

Published

constitute a violation of the statute. We agree. Section 933.09, Florida Statutes (1989), provides: The officer

Mense v. State

632 So. 2d 185, 1994 Fla. App. LEXIS 948, 1994 WL 45012

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 64746466

Published

required by the knock-and-announce statute, section 933.09, Florida Statutes (1991).1 Inside the trailer

State v. Gayle

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

District Court of Appeal of Florida | Filed: Jan 24, 1991 | Docket: 64656045

Published

search warrant was in validly executed. Neither section 933.09 nor section 933.11, Florida Statutes (1989)

State v. Brown

564 So. 2d 136, 1990 Fla. App. LEXIS 3756, 1990 WL 68720

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 64651604

Published

apparently accepted the defendant’s argument that section 933.09, Florida Statutes (1987), Florida’s “knock

In re Forfeiture of $71,511.53 in United States Currency

519 So. 2d 700, 13 Fla. L. Weekly 332, 1988 Fla. App. LEXIS 349, 1988 WL 6067

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 64632515

Published

The “knock and announce” rule, embodied in section 933.09, Florida Statutes (1985), provides: Officer

State v. Peters

499 So. 2d 908, 12 Fla. L. Weekly 22, 1986 Fla. App. LEXIS 11011

District Court of Appeal of Florida | Filed: Dec 22, 1986 | Docket: 64623976

Published

held invalid on the ground that it violated Section 933.09, Florida Statutes, the “knock and announce”

Burden v. State

455 So. 2d 1066, 1984 Fla. App. LEXIS 14150

District Court of Appeal of Florida | Filed: Jul 27, 1984 | Docket: 64606799

Published

contend the warrant was executed in violation of section 933.09, Florida Statutes (1981), the “knock and announce”

Bouknight v. State

455 So. 2d 438, 1984 Fla. App. LEXIS 14435

District Court of Appeal of Florida | Filed: Jul 27, 1984 | Docket: 64606662

Published

contend that Florida’s knock and announce statute, § 933.09, was illegally violated by officers’ entry into

Crews v. State

431 So. 2d 709, 1983 Fla. App. LEXIS 19385

District Court of Appeal of Florida | Filed: May 20, 1983 | Docket: 64597083

Published

was executed in such a manner as to violate Section 933.09, Florida Statutes, the “knock and announce”

Riley v. State

448 So. 2d 1029, 1983 Fla. App. LEXIS 18984

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 64604287

Published

authority and purpose in full compliance with Section 933.09, Florida Statutes (1981). Florida statutory

Brown v. State

380 So. 2d 570, 1980 Fla. App. LEXIS 15652

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 64574720

Published

appeal is whether there was compliance with Section 933.09, Florida Statutes (1977) by law enforcement

State v. Dominguez

367 So. 2d 651, 1979 Fla. App. LEXIS 13991

District Court of Appeal of Florida | Filed: Jan 24, 1979 | Docket: 64568607

Published

executing this warrant the police violated Section 933.09, Florida Statutes (1977), which prohibits forcible

State v. Busbee

344 So. 2d 1300

District Court of Appeal of Florida | Filed: Apr 19, 1977 | Docket: 64558202

Published

that the warrant was executed in violation of Section 933.09, Florida Statutes (1975). By its decision,

State v. Joseph

269 So. 2d 36

District Court of Appeal of Florida | Filed: Nov 17, 1972 | Docket: 64528672

Published

there was substantial compliance with F.S. Section 933.09, F.S.A. The narcotics paraphernalia and firearms

State v. Kelly

260 So. 2d 903, 1972 Fla. App. LEXIS 7046

District Court of Appeal of Florida | Filed: Apr 21, 1972 | Docket: 64525484

Published

warrant had not been executed in compliance with Section 933.09 Florida Statutes, F.S.A. The facts as presented

State v. Mach

187 So. 2d 918, 1966 Fla. App. LEXIS 5033

District Court of Appeal of Florida | Filed: Jun 10, 1966 | Docket: 64497163

Published

warrant herein substantially complied with Section '933.09 F.S.A. or its cousin Federal statute .3109

McLendon v. State

176 So. 2d 568, 1965 Fla. App. LEXIS 4302

District Court of Appeal of Florida | Filed: Jun 22, 1965 | Docket: 64493446

Published

for execution of search warrants is found in Section 933.09, F.S.A., wherein it is stated: “(An) officer