Florida Statutes

Fla. Stat. § 933.18 (2025)

When warrant may be issued for search of private dwelling.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 64 cases, 1946–2018 · leading case: Bernie v. State, 524 So. 2d 988 (Fla. 1988).

Sort: Relevance Newest Treatment

Bernie v. State, 524 So. 2d 988 (Fla. 1988). · cites it 16× “§ 933.18, Fla. Stat. (1983) (emphasis added).”

State v. Wolff, 310 So. 2d 729 (Fla. 1975). · cites it 18× “That court construed Section 933.18, Florida Statutes, to require that "the creditable witness must himself .”

Schmitt v. State, 590 So. 2d 404 (Fla. 1991). · cites it 4× “2d DCA 1976); see § 933.18, Fla. Stat. (1989); Fla.R.Crim.P.”

State v. Chen, 1 So. 3d 1257 (Fla. 2d DCA 2009). · cites it 15× “Section 933.18, Florida Statutes On appeal, the State briefly addressed the argument that Fijnje made in the trial court relating to section 933.”

Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003). · cites it 3× “To further these constitutional imperatives, our legislature has decreed: 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…”

Howard v. State, 483 So. 2d 844 (Fla. 1st DCA 1986). · cites it 7× “Section 933.18, Florida Statutes, provides that a search warrant shall not be issued for the search of a private dwelling unless, in pertinent part: (5) The law relating to narcotics or drug abuse is being violated therein.”

State v. Bernie, 472 So. 2d 1243 (Fla. 2d DCA 1985). · cites it 6× “4th DCA 1975), and section 933.18, Florida Statutes (1983), to support their proposition that the warrant was invalid for lack of probable cause; i.”

Panzavecchia v. State, 201 So. 2d 762 (Fla. 3d DCA 1967). · cites it 9× “On this appeal, the appellant contends that going behind this affidavit, upon which the search warrant was issued for search of a dwelling house, violated the provisions of § 933.18, Fla. Stat., [2] F.S.A. We agree with the appellant.”

Alford v. State, 307 So. 2d 433 (Fla. 1975). · cites it 4× “Fla. Stat. § 933.18 , F.S.A., restricts the issuance of a search warrant for the search of a private dwelling to certain enumerated categories of property.”

Getreu v. State, 578 So. 2d 412 (Fla. 2d DCA 1991). · cites it 6× “This argument, however, overlooks the affidavit requirement of section 933.18(10), Florida Statutes (1987), which provides in part: "[n]o warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by…”

Pilieci v. State, 991 So. 2d 883 (Fla. 2d DCA 2008). · cites it 2× “In order to assure compliance with the rule of law and to permit review of that decision by another court, the magistrate must consider solely the facts stated in the affidavit.”

Bonilla v. State, 579 So. 2d 802 (Fla. 5th DCA 1991). · cites it 4× “The issuance of a search warrant for a private home is governed by Section 933.18 of the Florida Statutes (1989).”

Show all 64 citing cases →

— 933.18(10) — 2 cases

Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003). “To further these constitutional imperatives, our legislature has decreed: 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…”

Getreu v. State, 578 So. 2d 412 (Fla. 2d DCA 1991). “This argument, however, overlooks the affidavit requirement of section 933.18(10), Florida Statutes (1987), which provides in part: "[n]o warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by…”

— 933.18(5) — 16 cases

State v. Chen, 1 So. 3d 1257 (Fla. 2d DCA 2009). “Section 933.18, Florida Statutes On appeal, the State briefly addressed the argument that Fijnje made in the trial court relating to section 933.”

Montgomery v. State, 584 So. 2d 65 (Fla. 1st DCA 1991).

State v. Colitto, 929 So. 2d 654 (Fla. 4th DCA 2006).

Renckley v. State, 538 So. 2d 1340 (Fla. 1st DCA 1989).

— 933.18(6) — 2 cases

State v. Coryell, 247 So. 2d 87 (Fla. 2d DCA 1971).

State v. Waring, 557 So. 2d 687 (Fla. 1st DCA 1990).

— 933.18(7) — 1 case

State v. Bell, 249 So. 2d 748 (Fla. 4th DCA 1971).

— 933.18(8) — 1 case

Titus v. State, 696 So. 2d 1257 (Fla. 4th DCA 1997).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.