933.11
Duplicate to be delivered when warrant served.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
933.11 Duplicate to be delivered when warrant served.—All search warrants shall be issued in duplicate. The duplicate shall be delivered to the officer with the original warrant, and when the officer serves the warrant, he or she shall deliver a copy to the person named in the warrant, or in his or her absence to some person in charge of, or living on the premises. When property is taken under the warrant the officer shall deliver to such person a written inventory of the property taken and receipt for the same, specifying the same in detail, and if no person is found in possession of the premises where such property is found, shall leave the said receipt on the premises.
History.—s. 11, ch. 9321, 1923; CGL 8513; s. 1572, ch. 97-102.
Notes of Decisions
Cited in 14
cases, 1950–2018 · leading case: City of West Covina v. Perkins
City of West Covina v. Perkins (1999)
“41 (1998); Fla. Stat. Ann. § 933.11 (West Supp. 1998); Ga.”
Florida Dept. of Agriculture and Consumer Services v. Haire (2003)
“See § 933.11, Fla. Stat. (2002). Duplicating and delivering a warrant hundreds of pages thick would likely prove impractical.”
State of Tennessee v. Angela Faye Daniel (2018)
“(citing Fla. Stat. 933.11 (1981) ). The Florida appellate court determined that "[m]ost other courts which have considered the question have held that the failure to serve a copy of the search warrant at the time of execution does not invalidate the seizure in the absence of a…”
Dunnavant v. State (1950)
“1: Where a search warrant is executed and the executing officer wholly fails to deliver the written inventory and receipt required by Section 933.11, F.S.A., is the evidence found upon the search admissible over timely objection? Question No.”
State v. Nelson (1989)
“Grady retained the affidavits contrary to section 933.11. [2] While service of an incomplete copy of the search warrant is not a legitimate basis for suppression of evidence in the absence of a showing of prejudice by a defendant, this assumes that the executing officer has a…”
Riley v. State (1983)
“11, Florida Statutes (1981), provides that “[a]ll search warrants shall be issued in duplicate,” and that said duplicate “shall be delivered to the officer with the original warrant, and when the officer serves the warrant, he shall deliver a copy to the person named in the…”
State v. Gayle (1991)
“09 nor section 933.11, Florida Statutes (1989) is violated when an officer, without immediate physical possession of a warrant, enters and secures the premises for which the warrant has been issued.”
Miller v. State (1964)
“In our view this procedure complied with the mandate of Fla. Stat. § 933.11 , F.S.A. With respect to the officer's alleged failure to announce his authority and be refused admittance before breaking and entering the premises, we note that the matter is argued here upon the basis…”
Martin v. State (1976)
“) Section 933.11, F.S. 1973, requires that all search warrants be issued in duplicate and that a copy be served on the occupant of the premises to be searched upon the execution of the warrant by the proper officer.”
State v. Riley (1984)
“[3] Furthermore, we find that neither section 933.11 nor 933.08, Florida Statutes (1981), is violated when an officer, without physical possession of a search warrant, enters and secures premises for which a warrant has been issued, as long as the warrant has been issued and is…”
Colocado v. State (1971)
“F.S. § 933.11, F.S.A. . Escobedo v. Illinois, 378 U.”
Harden v. State (1983)
“Thus, he argues that the seizure must be quashed for the failure to serve him with a copy of the search warrant as provided in section 933.11, Florida Statutes (1981), which reads in pertinent part: 933.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.