Florida/Georgia Personal Injury & Workers Compensation

...the defendant's earlier consent to the search. The defendant also argues the trial court should have granted his motion to suppress because the search warrant was improperly executed on a Sunday. In support of this argument, the defendant relies on section 933.101, Florida Statute (1995), which provides: 933.101 Service on Sunday.—A search warrant may be executed by being served on Sunday, if expressly authorized in such warrant by the judge or magistrate issuing the same....

...guage, notwithstanding the absence of an affidavit satisfying Section 48.20. We need not pause to inquire why that statute, originally enacted in 1828, seems to pertain only to warrants issued by a “judge or magistrate of any incorporated town.” Section 933.101, Florida Statutes (1975), enacted in 1957 to deal particularly with search warrants rather than with writs generally, provides: “A search warrant may be executed by being served on Sunday, if expressly authorized in such warrant by...