CopyCited 17 times | Published | Florida 5th District Court of Appeal
...We also hold that the court erred in determining that the warrant was improperly executed. The warrant authorized the search "in the daytime, nighttime or on Sunday as the exigencies of the situation may require." This language follows the provisions of section 933.10, Florida Statutes (1981): Execution of search warrant during day or night A search warrant issued under the provisions of this chapter may, if expressly authorized in such warrant by the judge or magistrate issuing the same, be execute...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 2553
...lawful purpose, that is, execution of a search warrant. The Court having concluded that based upon the testimony and the evidence, this was not a "no-knock" search for the reasons set forth above but was executed in accordance with F.S.
933.09 and F.S.
933.10....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...This was sufficient to meet the probable cause test for the beliefs that the law relating to narcotics or drug abuse was currently being violated therein. State v. Compton, Fla.App.2d 1974,
301 So.2d 810. The magistrate did not abuse his discretion in authorizing service of the search warrant at night. Section
933.10 F.S....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15794
...press. It would appear that the language in the Collins case relied on by the public defender, and the judge, for this position must be the following: The magistrate did not abuse his discretion in authorizing service of the search warrant at night. Section 933.10 F.S....
...on probable cause set forth in the affidavit supporting the request for a warrant. The language quoted above simply says that the magistrate may expressly authorize a nighttime search and, most certainly, we agree with that, for that is what Chapter 933.10 Florida Statutes (1975) so provides....
...warrant must be executed in the daytime “unless the issuing authority, by appropriate provision in the warrant, and for reasonable cause shown, authorizes its execution at times other than daytime.” No such limiting language is found in Chapter 933.10 Florida Statutes (1975)....
