Florida Statute 933.18 - Full Text and Legal Analysis

The 2025 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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Amendments to 933.18

Annotations, Discussions, Cases:

Cases Citing Statute 933.18

Total Results: 63

Schmitt v. State

590 So. 2d 404, 1991 WL 238637

Supreme Court of Florida | Filed: Nov 14, 1991 | Docket: 1512652

Cited 92 times | Published

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

Alford v. State

307 So. 2d 433

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 2467682

Cited 66 times | Published

such a general exploratory search. Fla. Stat. § 933.18, F.S.A., restricts the issuance of a search warrant

Bernie v. State

524 So. 2d 988, 1988 WL 1506

Supreme Court of Florida | Filed: Jan 7, 1988 | Docket: 1701593

Cited 65 times | Published

search and seizure, relying on the provisions of section 933.18, Florida Statutes (1983), and Gerardi v. State

Johnson v. State

27 So. 2d 276, 157 Fla. 685, 1946 Fla. LEXIS 831

Supreme Court of Florida | Filed: Jul 9, 1946 | Docket: 3274898

Cited 57 times | Published

property was contained therein, as provided by Section 933.18 F.S.A.; wherefore the defendant charges that

Filmon v. State

336 So. 2d 586

Supreme Court of Florida | Filed: Jun 23, 1976 | Docket: 1378933

Cited 40 times | Published

both as a matter of Florida law, see Fla. Stat. § 933.18 (1975), Cooper v. State, 106 Fla. 254, 143 So

State v. Parnell

221 So. 2d 129

Supreme Court of Florida | Filed: Apr 2, 1969 | Docket: 1664095

Cited 29 times | Published

the search warrant was obtained, as required by § 933.18, Fla. Stat., F.S.A., so it was technically invalid

Croteau v. State

334 So. 2d 577

Supreme Court of Florida | Filed: Jun 16, 1976 | Docket: 1309585

Cited 28 times | Published

Fla. Const. art. I, § 12 (1975). See Fla. Stat. § 933.18 (1975); Cooper v. State, 106 Fla. 254, 143 So

Burnett v. State

848 So. 2d 1170, 2003 WL 21115618

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1309492

Cited 18 times | Published

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

State v. Hume

512 So. 2d 185

Supreme Court of Florida | Filed: Sep 10, 1987 | Docket: 102151

Cited 17 times | Published

guarantees. See, e.g., art. I, § 23, Fla. Const.; § 933.18, Fla. Stat. (1985). Because these protections

Panzavecchia v. State

201 So. 2d 762

District Court of Appeal of Florida | Filed: Aug 8, 1967 | Docket: 770460

Cited 16 times | Published

provisions of § 933.18, Fla. Stat.,[2] F.S.A. We agree with the appellant. § 933.06 and § 933.18, Fla. Stat

Chacon v. State

102 So. 2d 578

Supreme Court of Florida | Filed: Apr 16, 1958 | Docket: 1281644

Cited 16 times | Published

provisions quoted from Section 8518, C.G.L., F.S.A. § 933.18, supra, mean that the person making the Affidavit

State v. Wolff

310 So. 2d 729

Supreme Court of Florida | Filed: Feb 26, 1975 | Docket: 1682782

Cited 15 times | Published

*730 Court of Appeal. That court construed Section 933.18, Florida Statutes, to require that "the creditable

Swartz v. State

316 So. 2d 618

District Court of Appeal of Florida | Filed: Jul 14, 1975 | Docket: 1456206

Cited 14 times | Published

the affidavit sub judice does not do so. F.S. § 933.18, dealing with search warrants for the search of

Pilieci v. State

991 So. 2d 883, 2008 WL 942042

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1725351

Cited 13 times | Published

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

Joyner v. City of Lakeland

90 So. 2d 118

Supreme Court of Florida | Filed: Oct 24, 1956 | Docket: 1656215

Cited 12 times | Published

has been furnished by a credible witness. F.S. § 933.18, F.S.A., requires that no warrant for the search

Lebowitz v. State

313 So. 2d 473

District Court of Appeal of Florida | Filed: May 27, 1975 | Docket: 1508722

Cited 11 times | Published

constitutionally defective and insufficient under Fla. Stat. § 933.18, F.S.A. to authorize a finding of probable cause

Leveson v. State

138 So. 2d 361

District Court of Appeal of Florida | Filed: Mar 1, 1962 | Docket: 1726085

Cited 11 times | Published

violated the defendant's rights as guaranteed by § 933.18, Fla. Stat., F.S.A. In support of the appellant's

Bonilla v. State

579 So. 2d 802, 1991 WL 72084

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 1728720

Cited 9 times | Published

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

Getreu v. State

578 So. 2d 412, 1991 WL 58889

District Court of Appeal of Florida | Filed: Apr 17, 1991 | Docket: 2528842

Cited 9 times | Published

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

State v. Bernie

472 So. 2d 1243, 10 Fla. L. Weekly 1551

District Court of Appeal of Florida | Filed: Jun 21, 1985 | Docket: 1793253

Cited 9 times | Published

State, 307 So.2d 853 (Fla. 4th DCA 1975), and section 933.18, Florida Statutes (1983), to support their

Wyche v. State

178 So. 2d 875

District Court of Appeal of Florida | Filed: Sep 16, 1965 | Docket: 1696581

Cited 8 times | Published

well as the law on search warrants, including Section 933.18, Florida Statutes, F.S.A., as to when a warrant

Baker v. State

150 So. 2d 729

District Court of Appeal of Florida | Filed: Mar 12, 1963 | Docket: 2519298

Cited 8 times | Published

by one R. Brown, pursuant to the provisions of § 933.18, Fla. Stat., F.S.A.[1] By appropriate proceedings

State v. Bell

249 So. 2d 748

District Court of Appeal of Florida | Filed: Jun 7, 1971 | Docket: 2513246

Cited 7 times | Published

of their status as a private dwelling. Cf. Section 933.18(7), Florida Statutes 1969. The occupant of

Montgomery v. State

584 So. 2d 65, 1991 WL 133430

District Court of Appeal of Florida | Filed: Jul 18, 1991 | Docket: 1515178

Cited 6 times | Published

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

Howard v. State

483 So. 2d 844, 11 Fla. L. Weekly 513

District Court of Appeal of Florida | Filed: Feb 27, 1986 | Docket: 1511972

Cited 6 times | Published

interior of the home. We find that it was not. Section 933.18, Florida Statutes, provides that a search warrant

Mason v. State

375 So. 2d 1125

District Court of Appeal of Florida | Filed: Oct 4, 1979 | Docket: 1705450

Cited 6 times | Published

successfully contradicted or proven erroneous. Section 933.18, Florida Statutes, dealing specifically with

State v. Patterson

309 So. 2d 555

District Court of Appeal of Florida | Filed: Mar 26, 1975 | Docket: 1770773

Cited 6 times | Published

of a search warrant to search a dwelling house, § 933.18, F.S. 1973, provides in pertinent part as follows:

Gerardi v. State

307 So. 2d 853

District Court of Appeal of Florida | Filed: Jan 14, 1975 | Docket: 1699807

Cited 6 times | Published

evidence. The question involved here is whether § 933.18(5), F.S. 1971, prohibits the issuance of a search

Wolff v. State

291 So. 2d 15

District Court of Appeal of Florida | Filed: Feb 12, 1974 | Docket: 1351186

Cited 6 times | Published

grounds for issuance of a search warrant, but section 933.18 provides special conditions under which a search

Wolff v. State

291 So. 2d 15

District Court of Appeal of Florida | Filed: Feb 12, 1974 | Docket: 1351186

Cited 6 times | Published

grounds for issuance of a search warrant, but section 933.18 provides special conditions under which a search

Renckley v. State

538 So. 2d 1340, 14 Fla. L. Weekly 488, 1989 Fla. App. LEXIS 871, 1989 WL 12397

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 1517078

Cited 5 times | Published

service at a future time," id., nonetheless, section 933.18(5), Florida Statutes, requires that a search

Churney v. State

348 So. 2d 395

District Court of Appeal of Florida | Filed: Jul 26, 1977 | Docket: 1760425

Cited 5 times | Published

dwelling must show probable cause on its face. Section 933.18, Florida Statutes; Panzavecchia v. State, 201

State v. Bond

341 So. 2d 218

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 1394327

Cited 5 times | Published

Knapp, 294 So.2d 338 (Fla.2d DCA 1974). See Section 933.18, Florida Statutes. In the case before us the

House v. State

323 So. 2d 659

District Court of Appeal of Florida | Filed: Oct 29, 1975 | Docket: 1257828

Cited 5 times | Published

jail. This appeal resulted. We affirm. Under Section 933.18, Florida Statutes, a warrant for the search

Thompson v. State

548 So. 2d 806, 1989 WL 103999

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 1699091

Cited 4 times | Published

presentations the court denied the motion to suppress. Section 933.18, Florida Statutes precludes the issuance of

State v. Lasswell

385 So. 2d 668

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1337464

Cited 4 times | Published

issuance of a warrant to search a citizen's home. Section 933.18, Florida Statutes, explicitly prohibits the

State v. Malone

288 So. 2d 549

District Court of Appeal of Florida | Filed: Jan 15, 1974 | Docket: 1696371

Cited 4 times | Published

whether probable cause exists. Florida Statutes, Section 933.18, F.S.A., provides a like requisite. In its

State v. Chen

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

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1653847

Cited 3 times | Published

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

Titus v. State

696 So. 2d 1257, 1997 WL 360959

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1695950

Cited 3 times | Published

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

State v. Johnson

605 So. 2d 545, 1992 WL 227759

District Court of Appeal of Florida | Filed: Sep 18, 1992 | Docket: 1343672

Cited 3 times | Published

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

Fixel v. State

256 So. 2d 27

District Court of Appeal of Florida | Filed: Dec 7, 1971 | Docket: 1062272

Cited 3 times | Published

* * * * * Affirmed. NOTES [1] Compare F.S.A. § 933.18 with F.S.A. § 933.06.

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

248 So. 3d 1165

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862849

Cited 2 times | Published

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

State v. Moreno-Gonzalez

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

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1640470

Cited 2 times | Published

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

State v. Colitto

929 So. 2d 654, 2006 WL 1329544

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1726932

Cited 2 times | Published

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

Pazos v. State

654 So. 2d 1000, 1995 WL 270673

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 1303819

Cited 2 times | Published

1340 (Fla. 1st DCA 1989), for the holding that section 933.18(5), Florida Statutes, requires a search warrant

State v. Powers

388 So. 2d 1050

District Court of Appeal of Florida | Filed: Aug 13, 1980 | Docket: 420024

Cited 2 times | Published

issuance of the within search warrant,... ." Section 933.18, Florida Statutes (1979) prohibits issuance

State v. English

308 So. 2d 636

District Court of Appeal of Florida | Filed: Jan 28, 1975 | Docket: 1673141

Cited 1 times | Published

informant and suspicious noises. See Fla. Stat. § 933.18 and see Wolff v. State, Fla. App. 1974, 291 So

State v. Thomas

160 So. 3d 1282, 2013 WL 6246170, 2013 Fla. App. LEXIS 19299, 38 Fla. L. Weekly Fed. D 2540

District Court of Appeal of Florida | Filed: Dec 4, 2013 | Docket: 60246807

Published

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

State v. Carreno

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

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 1646159

Published

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

Dyess v. State

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

District Court of Appeal of Florida | Filed: Aug 4, 2008 | Docket: 64855382

Published

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

Merrill v. State

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

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 64824053

Published

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

Truette v. State

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

District Court of Appeal of Florida | Filed: May 29, 2001 | Docket: 64805348

Published

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

State v. Billington

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

District Court of Appeal of Florida | Filed: Dec 14, 1993 | Docket: 64744313

Published

1976), cert. denied, 348 So.2d 953 (Fla.1977); see § 933.18, Fla.Stat. (1989); Fla.R.Crim.P. 3.190(h)(1).

State v. Waring

557 So. 2d 687, 1990 Fla. App. LEXIS 1402, 1990 WL 20399

District Court of Appeal of Florida | Filed: Mar 8, 1990 | Docket: 64648605

Published

felony has been committed, is contained therein.” § 933.18(6), Fla.Stat. (1987). Further, such a conclusion

Rengkley v. State

538 So. 2d 1340

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 64640718

Published

service at a future time,” id., nonetheless, section 933.18(5), Florida Statutes, requires that a search

Polston v. State

424 So. 2d 15, 1982 Fla. App. LEXIS 22222

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 64594345

Published

evidence of criminal activity as delineated in § 933.18, Florida Statutes. Cf., Joiner v. State, 339 So

State v. Jones

310 So. 2d 52, 1975 Fla. App. LEXIS 13955

District Court of Appeal of Florida | Filed: Mar 26, 1975 | Docket: 64545249

Published

Wolff, the Third District construed Fla.Stat. § 933.18 to require that the affiant have first-hand knowledge

State v. Niles

307 So. 2d 455, 1975 Fla. App. LEXIS 14616

District Court of Appeal of Florida | Filed: Feb 7, 1975 | Docket: 64544213

Published

search warrant for a private dwelling pursuant to § 933.18, F.S.1973, must be based upon the personal knowledge

Franklin v. State

285 So. 2d 32, 1973 Fla. App. LEXIS 6332

District Court of Appeal of Florida | Filed: Nov 9, 1973 | Docket: 64535463

Published

dwelling when compared to the provisions of F.S. 933.18, Laws of 1971, F.S.A. And now for our judicial

Gelis v. State

249 So. 2d 509, 1971 Fla. App. LEXIS 6388

District Court of Appeal of Florida | Filed: Jun 16, 1971 | Docket: 64520983

Published

upon which the search warrant was issued. F.S. § 933.18, F.S.A., is applicable in our determination of

State v. Coryell

247 So. 2d 87, 1971 Fla. App. LEXIS 6612

District Court of Appeal of Florida | Filed: Apr 21, 1971 | Docket: 64519972

Published

been committed is contained therein.” Fla.Stat. § 933.18(6), F.S.A. An affidavit based upon information

State v. Gordillo

245 So. 2d 898, 1971 Fla. App. LEXIS 6959

District Court of Appeal of Florida | Filed: Mar 30, 1971 | Docket: 64519567

Published

particularly describe the place to be searched. See § 933.18 and § 933.02, Fla. Stat., F.S.A. Where a building

Parnell v. State

204 So. 2d 910, 1967 Fla. App. LEXIS 4171

District Court of Appeal of Florida | Filed: Dec 5, 1967 | Docket: 64503370

Published

Herring v. State, Fla.App.1960, 121 So.2d 807. Under § 933.18 Fla.Stat., F.S.A., entitled “When warrant may