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The 2025 Florida Statutes
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F.S. 933.14933.14 Return of property taken under search warrant.—(1) If it appears to the judge before whom the warrant is returned that the property or papers taken are not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds upon which the warrant was issued, or if it appears to the judge before whom any property is returned that the property was secured by an “unreasonable” search, the judge may order a return of the property taken; provided, however, that in no instance shall contraband such as slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, or other gambling devices, paraphernalia and equipment, or narcotic drugs, obscene prints and literature be returned to anyone claiming an interest therein, it being the specific intent of the Legislature that no one has any property rights subject to be protected by any constitutional provision in such contraband; provided, further, that the claimant of said contraband may upon sworn petition and proof submitted by him or her in the circuit court of the county where seized, show that said contraband articles so seized were held, used or possessed in a lawful manner, for a lawful purpose, and in a lawful place, the burden of proof in all cases being upon the claimant. The sworn affidavit or complaint upon which the search warrant was issued or the testimony of the officers showing probable cause to search without a warrant or incident to a legal arrest, and the finding of such slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, scratch sheets, or other gambling devices, paraphernalia, and equipment, including money used in gambling or in furtherance of gambling, or narcotic drugs, obscene prints and literature, or any of them, shall constitute prima facie evidence of the illegal possession of such contraband and the burden shall be upon the claimant for the return thereof, to show that such contraband was lawfully acquired, possessed, held, and used. (2) No intoxicating liquor seized on any warrant from any place other than a private dwelling house shall be returned, but the same may be held for such other and further proceedings which may arise upon a trial of the cause, unless it shall appear by the sworn petition of the claimant and proof submitted by him or her that said liquors so seized were held, used or possessed in a lawful manner, and in lawful place, or by a permit from the proper federal or state authority, the burden of proof in all cases being upon the claimant. The sworn affidavit or complaint upon which the search warrant was issued and the finding of such intoxicating liquor shall constitute prima facie evidence of the illegal possession of such liquor, and the burden shall be upon the claimant for the return thereof, to show that such liquor was lawfully acquired, possessed, held, and used. (3) No pistol or firearm taken by any officer with a search warrant shall be returned except pursuant to an order of a trial court judge. (4) If no cause is shown for the return of any property seized or taken under a search warrant, the judge shall order that the same be impounded for use as evidence at any trial of any criminal or penal cause growing out of the having or possession of said property, but perishable property held or possessed in violation of law may be sold where the same is not prohibited, as may be directed by the court, or returned to the person from whom taken. The judge to whom said search warrant is returned shall file the same with the inventory and sworn return in the proper office, and if the original affidavit and proofs upon which the warrant was issued are in his or her possession, he or she shall apply to the officer having the same and the officer shall transmit and deliver all of the papers, proofs, and certificates to the proper office where the proceedings are lodged. History.—s. 14, ch. 9321, 1923; CGL 8516; s. 1, ch. 29676, 1955; s. 42, ch. 73-334; s. 1573, ch. 97-102; s. 41, ch. 2004-11; s. 2, ch. 2024-61.
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Annotations, Discussions, Cases:
Cases Citing Statute 933.14
Total Results: 24
307 So. 2d 433
Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 2467682
Cited 66 times | Published
the items to be seized; also, that Fla. Stat. § 933.14, F.S.A., provides for the return of property taken
283 So. 2d 351
Supreme Court of Florida | Filed: Sep 19, 1973 | Docket: 1490159
Cited 38 times | Published
art. V, § 3(b)(1), F.S.A.
[8] See Fla. Stat. § 933.14, F.S.A. Return of Property Taken Under Search
613 So. 2d 569, 1993 WL 25620
District Court of Appeal of Florida | Filed: Feb 5, 1993 | Docket: 265735
Cited 18 times | Published
before whom the warrant application was made. § 933.14, Fla. Stat. (1991). However, in view of the department's
400 So. 2d 992
District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1677009
Cited 17 times | Published
required to be made to the Circuit Court.[4] Under Section 933.14(1), Florida Statutes (1979), jurisdiction to
24 So. 3d 596, 2009 Fla. App. LEXIS 16858, 2009 WL 3784585
District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1152396
Cited 14 times | Published
instruments of crimes, fruits of crimes or contraband. § 933.14, Fla. Stat. (2007), see also Fed.R.Crim.P. 41(c)
585 So. 2d 1079, 1991 WL 174435
District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 1293881
Cited 14 times | Published
evidence taken under a search warrant, see Section 933.14, Florida Statutes (1989), and for return of
887 So. 2d 387, 2004 WL 2238978
District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1515140
Cited 9 times | Published
breadth of subpoena is reasonable).
[11] See § 933.14(1), Fla. Stat. (2003) (issuing Judge may order
662 So. 2d 395, 1995 WL 642284
District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 1282714
Cited 9 times | Published
by the State pursuant to a search warrant. See § 933.14, Fla. Stat. (1993). See also Sawyer v. Gable,
706 So. 2d 1366, 1998 WL 31499
District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1682567
Cited 8 times | Published
potency contraband with a large THC content.
[2] Section 933.14(1), Florida Statutes (1995) provides for the
295 So. 2d 308
District Court of Appeal of Florida | Filed: Jun 5, 1974 | Docket: 1762258
Cited 7 times | Published
be returned to him under the provisions of F.S. § 933.14 F.S.A. without a showing that such contraband
1 F.3d 1146, 1993 WL 325214
Court of Appeals for the Eleventh Circuit | Filed: Sep 14, 1993 | Docket: 64014208
Cited 6 times | Published
Gable, 400 So.2d 992, 994 (Fla.3d DCA 1981) (section 933.14, providing for return of property seized under
40 So. 2d 214, 1949 Fla. LEXIS 1353
Supreme Court of Florida | Filed: Apr 26, 1949 | Docket: 3268532
Cited 6 times | Published
matter and the parties (evidently overlooking section 933.14, Florida Statutes, 1941, F.S.A.) and that the
452 So. 2d 627
District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 474536
Cited 5 times | Published
grant the accelerated relief contemplated by section 933.14, independent of a civil action for replevin
400 So. 2d 990
District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1677267
Cited 5 times | Published
Court seeking the return of the property under Section 933.14, Florida Statutes (1979). The trial court denied
533 So. 2d 924, 1988 WL 122467
District Court of Appeal of Florida | Filed: Nov 16, 1988 | Docket: 1233076
Cited 4 times | Published
to a warrant is concerned, in which instance section 933.14, Florida Statutes (1987), governs, there are
198 So. 3d 878, 2016 Fla. App. LEXIS 10774, 2016 WL 3745378
District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256504
Cited 3 times | Published
it cited, the pertinent question is whether section 933.14(3) required or permitted the Sheriff to retain
587 So. 2d 1391, 1991 WL 217858
District Court of Appeal of Florida | Filed: Oct 29, 1991 | Docket: 1405862
Cited 2 times | Published
699, 85 S.Ct. 1246, 1250, 14 L.Ed.2d 170 (1965); § 933.14, Fla. Stat. (1989).
It is unnecessary to reach
605 F. Supp. 185
District Court, S.D. Florida | Filed: Apr 19, 1985 | Docket: 1247772
Cited 1 times | Published
the seized projectors may be returned. Fla.Stat. § 933.14. Indeed the Court in Hicks v. Miranda, 422 U.S
658 So. 2d 1103, 1995 Fla. App. LEXIS 7735, 1995 WL 421250
District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64758119
Published
appellant seeking a return of his property under section 933.14, Florida Statutes (1993), which provides:
If
583 So. 2d 406, 1991 Fla. App. LEXIS 7324, 1991 WL 139156
District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 64660517
Published
The present situation is instead governed by section 933.14(3), which provides as follows:
No pistol or
546 So. 2d 1128, 14 Fla. L. Weekly 1740, 1989 Fla. App. LEXIS 4094, 1989 WL 80707
District Court of Appeal of Florida | Filed: Jul 21, 1989 | Docket: 64643922
Published
ordered the return of the requested property. See § 933.14, Fla.Stat. (1987). A written order returning certain
429 So. 2d 1374, 1983 Fla. App. LEXIS 28956
District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 64596504
Published
State, 283 So.2d 134 (Fla. 4th DCA 1973); and § 933.14, Fla.Stat. (1979). Accordingly, we reverse the
426 So. 2d 1273, 1983 Fla. App. LEXIS 27852
District Court of Appeal of Florida | Filed: Feb 15, 1983 | Docket: 64595168
Published
PER CURIAM.
Affirmed. See § 933.14(1), Fla.Stat. (1981).
390 So. 2d 153, 1980 Fla. App. LEXIS 18100
District Court of Appeal of Florida | Filed: Nov 18, 1980 | Docket: 64578817
Published
sought.
Contrary to the trial court’s ruling, Section 933.14, Florida Statutes (1979) is the pertinent statute
