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Florida Statute 933.14 | Lawyer Caselaw & Research
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F.S. 933.14 Case Law from Google Scholar Google Search for Amendments to 933.14

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 933
SEARCH AND INSPECTION WARRANTS
View Entire Chapter
F.S. 933.14
933.14 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.

F.S. 933.14 on Google Scholar

F.S. 933.14 on Casetext

Amendments to 933.14


Arrestable Offenses / Crimes under Fla. Stat. 933.14
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.14.



Annotations, Discussions, Cases:

Cases Citing Statute 933.14

Total Results: 20

Dougan v. Bradshaw

Court: District Court of Appeal of Florida | Date Filed: 2016-07-13

Citation: 198 So. 3d 878, 2016 Fla. App. LEXIS 10774, 2016 WL 3745378

Snippet: section 933.14(3) required or permitted the Sheriff to retain Appellant’s weapons. Section 933,14 provides

Ortiz v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-11-13

Citation: 24 So. 3d 596, 2009 Fla. App. LEXIS 16858, 2009 WL 3784585

Snippet: instruments of crimes, fruits of crimes or contraband. § 933.14, Fla. Stat. (2007), see also Fed.R.Crim.P. 41(c)

Limbaugh v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-11-17

Citation: 887 So. 2d 387, 2004 WL 2238978

Snippet: breadth of subpoena is reasonable). [11] See § 933.14(1), Fla. Stat. (2003) (issuing Judge may order

Kern v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-01-30

Citation: 706 So. 2d 1366, 1998 WL 31499

Snippet: contraband with a large THC content. [2] Section 933.14(1), Florida Statutes (1995) provides for the return

Perez v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-11-06

Citation: 695 So. 2d 741, 1996 Fla. App. LEXIS 11646, 1996 WL 637691

Snippet: police during searches. See, e.g., §§ 790.08(3), 933.14(3), Fla. Stat. (1995); San Pedro v. *742Metro-Dade

Helmy v. Swigert

Court: District Court of Appeal of Florida | Date Filed: 1995-11-03

Citation: 662 So. 2d 395, 1995 WL 642284

Snippet: by the State pursuant to a search warrant. See § 933.14, Fla. Stat. (1993). See also Sawyer v. Gable, 400

Jacobson v. Pt. St. Lucie Police Department

Court: District Court of Appeal of Florida | Date Filed: 1995-07-19

Citation: 658 So. 2d 1103, 1995 Fla. App. LEXIS 7735, 1995 WL 421250

Snippet: seeking a return of his property under section 933.14, Florida Statutes (1993), which provides: If it

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-02-05

Citation: 613 So. 2d 569, 1993 WL 25620

Snippet: before whom the warrant application was made. § 933.14, Fla. Stat. (1991). However, in view of the department's

State v. Butler

Court: District Court of Appeal of Florida | Date Filed: 1991-10-29

Citation: 587 So. 2d 1391, 1991 WL 217858

Snippet: 85 S.Ct. 1246, 1250, 14 L.Ed.2d 170 (1965); § 933.14, Fla. Stat. (1989). It is unnecessary to reach

Coon v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-09-06

Citation: 585 So. 2d 1079, 1991 WL 174435

Snippet: evidence taken under a search warrant, see Section 933.14, Florida Statutes (1989), and for return of money

San Pedro v. Metro-Dade Police Department

Court: District Court of Appeal of Florida | Date Filed: 1991-07-30

Citation: 583 So. 2d 406, 1991 Fla. App. LEXIS 7324, 1991 WL 139156

Snippet: present situation is instead governed by section 933.14(3), which provides as follows: No pistol or firearm

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-11-03

Snippet: defendant may reclaim seized property pursuant to s. 933.14, F.S. Unclaimed personal property shall be disposed

Kosel v. State ex rel. City of Largo

Court: District Court of Appeal of Florida | Date Filed: 1989-07-21

Citation: 546 So. 2d 1128, 14 Fla. L. Weekly 1740, 1989 Fla. App. LEXIS 4094

Snippet: ordered the return of the requested property. See § 933.14, Fla.Stat. (1987). A written order returning certain

Moore v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-11-16

Citation: 533 So. 2d 924, 1988 WL 122467

Snippet: warrant is concerned, in which instance section 933.14, Florida Statutes (1987), governs, there are no

Lámar v. Universal Supply Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-06-07

Citation: 452 So. 2d 627

Snippet: the accelerated relief contemplated by section 933.14, independent of a civil action for replevin. In

Lanham v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-04-27

Citation: 429 So. 2d 1374, 1983 Fla. App. LEXIS 28956

Snippet: State, 283 So.2d 134 (Fla. 4th DCA 1973); and § 933.14, Fla.Stat. (1979). Accordingly, we reverse the

Marban v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-02-15

Citation: 426 So. 2d 1273, 1983 Fla. App. LEXIS 27852

Snippet: PER CURIAM. Affirmed. See § 933.14(1), Fla.Stat. (1981).

Golding v. DIR. OF PUB. SAFETY, ETC.

Court: District Court of Appeal of Florida | Date Filed: 1981-06-16

Citation: 400 So. 2d 990

Snippet: seeking the return of the property under Section 933.14, Florida Statutes (1979). The trial court denied

Sawyer v. Gable

Court: District Court of Appeal of Florida | Date Filed: 1981-06-16

Citation: 400 So. 2d 992

Snippet: be made to the Circuit Court.[4] Under Section 933.14(1), Florida Statutes (1979), jurisdiction to order

State v. Pythian Sisters, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-11-18

Citation: 390 So. 2d 153, 1980 Fla. App. LEXIS 18100

Snippet: Contrary to the trial court’s ruling, Section 933.14, Florida Statutes (1979) is the pertinent statute