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.

F.S. 933.18 on Google Scholar

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: District Court of Appeal of Florida | Date Filed: 2018-05-23

Citation: 248 So. 3d 1165

Snippet: subscribed.” Id. (emphasis added). Additionally, section 933.18, Florida Statutes, states that “[n]o warrant shall

State v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2013-12-04

Citation: 160 So. 3d 1282, 2013 WL 6246170, 2013 Fla. App. LEXIS 19299

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

State v. Carreno

Court: District Court of Appeal of Florida | Date Filed: 2010-05-19

Citation: 35 So. 3d 125, 2010 Fla. App. LEXIS 6916, 2010 WL 1979265

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

State v. Moreno-Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2009-09-30

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: District Court of Appeal of Florida | Date Filed: 2009-02-11

Citation: 1 So. 3d 1257, 2009 Fla. App. LEXIS 1054, 2009 WL 323344

Snippet: warrant. He contended that pursuant to section 933.18(5), Florida Statutes (2004), the search of a residence

Dyess v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-08-04

Citation: 988 So. 2d 146, 2008 Fla. App. LEXIS 11821, 2008 WL 2951529

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: District Court of Appeal of Florida | Date Filed: 2008-04-09

Citation: 991 So. 2d 883, 2008 WL 942042

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: District Court of Appeal of Florida | Date Filed: 2006-05-17

Citation: 929 So. 2d 654, 2006 WL 1329544

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

Merrill v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-23

Citation: 849 So. 2d 1175, 2003 Fla. App. LEXIS 11078, 2003 WL 21697382

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

Burnett v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-05-16

Citation: 848 So. 2d 1170, 2003 WL 21115618

Snippet: facts on which such reason for belief is based. § 933.18(10), Fla. Stat. (1999). In implementing these constitutional

Truette v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-05-29

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: District Court of Appeal of Florida | Date Filed: 2000-01-27

Citation: 750 So. 2d 144, 2000 WL 64276

Snippet: the Florida Constitution and sections 933.06 and 933.18(10), Florida Statutes (1997). Although we agree

Titus v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-07-02

Citation: 696 So. 2d 1257, 1997 WL 360959

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

Pazos v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-05-10

Citation: 654 So. 2d 1000, 1995 WL 270673

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

State v. Billington

Court: District Court of Appeal of Florida | Date Filed: 1993-12-14

Citation: 627 So. 2d 138, 1993 Fla. App. LEXIS 12285, 1993 WL 517211

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: District Court of Appeal of Florida | Date Filed: 1992-09-18

Citation: 605 So. 2d 545, 1992 WL 227759

Snippet: that the warrant was insufficient under section 933.18, Florida Statutes (1989), which prescribes the

Schmitt v. State

Court: Supreme Court of Florida | Date Filed: 1991-11-14

Citation: 590 So. 2d 404, 1991 WL 238637

Snippet: Bond, 341 So.2d 218 (Fla. 2d DCA 1976); see § 933.18, Fla. Stat. (1989); Fla.R.Crim.P. 3.190(h)(1) (1990)

Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-07-18

Citation: 584 So. 2d 65, 1991 WL 133430

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

Bonilla v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-05-09

Citation: 579 So. 2d 802, 1991 WL 72084

Snippet: is governed by Section 933.18 of the Florida Statutes (1989). Section 933.18 provides, inter alia, that

Getreu v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-04-17

Citation: 578 So. 2d 412, 1991 WL 58889

Snippet: is being violated therein (emphasis added)." § 933.18(5), Fla. Stat. (1987); see State v. Bernie, 472