Florida Statute 933.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 933
SEARCH AND INSPECTION WARRANTS

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F.S. 933.18

933.18 When warrant may be issued for search of private dwelling.—No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless:

(1) It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor;

(2) Stolen or embezzled property is contained therein;

(3) It is being used to carry on gambling;

(4) It is being used to perpetrate frauds and swindles;

(5) The law relating to narcotics or drug abuse is being violated therein;

(6) A weapon, instrumentality, or means by which a felony has been committed, or evidence relevant to proving said felony has been committed, is contained therein;

(7) One or more of the following child abuse offenses is being committed there:

(a) Interference with custody, in violation of s. 787.03.

(b) Commission of an unnatural and lascivious act with a child, in violation of s. 800.02.

(8) It is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, boardinghouse, or lodginghouse;

(9) It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater products, or freshwater fish being unlawfully kept therein;

(10) The laws in relation to cruelty to animals, as provided in chapter 828, have been or are being violated therein; or

(11) An instrumentality or means by which sexual cyberharassment has been committed in violation of s. 784.049, or evidence relevant to proving that sexual cyberharassment has been committed in violation of s. 784.049, is contained therein.

If, during a search pursuant to a warrant issued under this section, a child is discovered and appears to be in imminent danger, the law enforcement officer conducting such search may remove the child from the private dwelling and take the child into protective custody pursuant to chapter 39. The term “private dwelling” shall be construed to include the room or rooms used and occupied, not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodginghouse. No warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he or she has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based.

History.—s. 19, ch. 9321, 1923; s. 2, ch. 10273, 1925; CGL 8518; s. 1, ch. 57-418; s. 1, ch. 67-348; s. 1, ch. 69-18; s. 1, ch. 74-318; s. 1, ch. 78-126; s. 1, ch. 78-345; s. 1, ch. 86-93; s. 1, ch. 88-298; s. 59, ch. 88-381; s. 4, ch. 93-4; s. 1576, ch. 97-102; s. 161, ch. 98-403; s. 3, ch. 2003-188; s. 3, ch. 2006-114; s. 28, ch. 2010-117; s. 3, ch. 2015-24; s. 4, ch. 2019-53.

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F.S. 933.18 on Casetext

Amendments to 933.18

Arrestable Offenses / Crimes under Fla. Stat. 933.18

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.18.

Annotations, Discussions, Cases:

Cases Citing Statute 933.18

Total Results: 20

STATE OF FLORIDA v. LEWIS STOUFFER, CLARK JEFFREY THOMPSON and CRAIG TURTURO

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-23T00:00:00-07:00

Citation: 248 So. 3d 1165

Snippet: subscribed.” Id. (emphasis added). Additionally, section 933.18, Florida Statutes, states that “[n]o warrant shall…statutorily authorized to do. See id.; §§ 933.06, 933.18, Fla. Stat. The fact that the detective in

State v. Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-04T00:00:00-08:00

Citation: 160 So. 3d 1282

Snippet: So.2d 654, 656 (Fla. 4th DCA 2006); see also § 933.18(5), Fla. Stat. (2010) (authorizing search warrants

State v. Carreno

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-19T00:00:00-07:00

Citation: 35 So. 3d 125

Snippet: L.Ed.2d 306 (1971). More specifically, Section 933.18(5), Florida Statutes, provides that a search warrant

State v. Moreno-Gonzalez

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-30T00:00:00-07:00

Citation: 18 So. 3d 1180, 2009 Fla. App. LEXIS 14603, 2009 WL 3100937

Snippet: subscribed!)]”) (emphasis added); see also id. § 933.18 (specifying grounds for search of dwelling; requiring

State v. Chen

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

Citation: 1 So. 3d 1257

Snippet: warrant. He contended that pursuant to section 933.18(5), Florida Statutes (2004), the search of a residence…the search of Fijnje's apartment. Section 933.18, Florida Statutes On appeal, the State briefly …Fijnje made in the trial court relating to section 933.18, Florida Statutes (2004). The trial court'…the order granting suppression. However, section 933.18 does not alter our conclusion that the trial court…granting Fijnje's motion to suppress. Section 933.18 states in pertinent part as follows: No search

Dyess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-04T00:00:00-07:00

Citation: 988 So. 2d 146

Snippet: to the facts of the case is de novo. Id. Section 933.18, Florida Statutes (2005), provides that a search

Pilieci v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-09T00:00:00-07:00

Citation: 991 So. 2d 883

Snippet: 341 So.2d 218, 219 (Fla. 2d DCA 1976); see also § 933.18, Fla. Stat. (2005); Pagan v. State, 830 So.2d 792

State v. Colitto

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-17T00:53:00-07:00

Citation: 929 So. 2d 654

Snippet: evidence of a crime would be found. See also § 933.18(5), Fla. Stat. (2003) (authorizing search warrants

Merrill v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-23T00:00:00-07:00

Citation: 849 So. 2d 1175

Snippet: warrant for a private dwelling is governed by section 933.18, Florida Statutes (2001), which provides, among

Burnett v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-16T00:00:00-07:00

Citation: 848 So. 2d 1170

Snippet: facts on which such reason for belief is based. § 933.18(10), Fla. Stat. (1999). In implementing these constitutional…withstand scrutiny under the test of case law, section 933.18(10), or the Florida or federal constitutions. Because

Truette v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-29T00:00:00-07:00

Citation: 784 So. 2d 1261, 2001 Fla. App. LEXIS 7447, 2001 WL 567605

Snippet: 578 So.2d 412, 413 (Fla. 2d DCA 1991), citing § 933.18(5), Fla. Stat. (1987). A warrant should issue only

Mylock v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-26T23:53:00-08:00

Citation: 750 So. 2d 144

Snippet: the Florida Constitution and sections 933.06 and 933.18(10), Florida Statutes (1997). Although we agree…the Florida Constitution and sections 933.06 and 933.18(10), Florida Statutes (1997). The state argues …the affidavit requirements in sections 933.06 and 933.18(10), Florida Statutes (1997). 1D98-2719

Titus v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-02T00:53:00-07:00

Citation: 696 So. 2d 1257

Snippet: differently for purposes of search warrants. Section 933.18(8), Florida Statutes (1995) (search warrant may

Pazos v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-10T00:53:00-07:00

Citation: 654 So. 2d 1000

Snippet: Fla. 1st DCA 1989), for the holding that section 933.18(5), Florida Statutes, requires a search warrant

State v. Billington

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-14T00:00:00-08:00

Citation: 627 So. 2d 138

Snippet: , cert. denied, 348 So.2d 953 (Fla.1977); see § 933.18, Fla.Stat. (1989); Fla.R.Crim.P. 3.190(h)(1). Further

State v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-18T00:53:00-07:00

Citation: 605 So. 2d 545

Snippet: that the warrant was insufficient under section 933.18, Florida Statutes (1989), which prescribes the …that the warrant was properly issued under section 933.18. This conclusion does not end our inquiry, however

Schmitt v. State

Court: Fla. | Date Filed: 1991-11-14T00:00:00-08:00

Citation: 590 So. 2d 404

Snippet: . Bond, 341 So.2d 218 (Fla. 2d DCA 1976); see § 933.18, Fla. Stat. (1989); Fla.R.Crim.P. 3.190(h)(1) (… must honor the warrant requirements of section 933.18, Florida Statutes (1987). [17] My conclusion would

Montgomery v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-18T00:53:00-07:00

Citation: 584 So. 2d 65

Snippet: of the evidence in question. We affirm. Section 933.18(5), Florida Statutes (1990), in pertinent part

Bonilla v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-09T00:00:00-07:00

Citation: 579 So. 2d 802

Snippet: is governed by Section 933.18 of the Florida Statutes (1989). Section 933.18 provides, inter alia, that…the requirements of section 933.18. We also hold that since section 933.18 specifically states that proof

Getreu v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-17T00:00:00-07:00

Citation: 578 So. 2d 412

Snippet: being violated therein (emphasis added)." § 933.18(5), Fla. Stat. (1987); see State v. Bernie, 472… overlooks the affidavit requirement of section 933.18(10), Florida Statutes (1987), which provides in…requirements specifically prescribed by law. Subsection 933.18(5) prohibits the issuance of a search warrant to…violated therein (emphasis added)." Subsection 933.18(10) prohibits the issuance of a warrant for a dwelling