Florida Statutes

Fla. Stat. § 933.19 (2025)

Searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise.

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933.19 Searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise.—

(1) The provisions of the opinion rendered by the Supreme Court of the United States on March 2, 1925, in that certain cause wherein George Carroll and John Kiro were plaintiffs in error and the United States was defendant in error, reported in 267 United States Reports, beginning at page 132, relative to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise, and construing the Fourth Amendment to the Constitution of the United States, are adopted as the statute law of the state applicable to searches and seizures under s. 12, Art. I of the State Constitution, when searches and seizures shall be made by any duly authorized and constituted bonded officer of this state exercising police authority in the enforcement of any law of the state relative to the unlawful transportation or hauling of intoxicating liquors or other contraband or illegal drugs or merchandise prohibited or made unlawful or contraband by the laws of the state.

(2) The same rules as to admissibility of evidence and liability of officers for illegal or unreasonable searches and seizures as were laid down in said case by the Supreme Court of the United States shall apply to and govern the rights, duties and liabilities of officers and citizens in the state under the like provisions of the State Constitution relating to searches and seizures.

(3) All points of law decided in the aforesaid case relating to the construction or interpretation of the provisions of the Constitution of the United States relative to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise shall be taken to be the law of the state enacted by the Legislature to govern and control such subject.

History.—s. 1, ch. 12257, 1927; CGL 7644; s. 2, ch. 69-216.

Notes of Decisions

Cited in 56 cases (1 in the last 5 years), 1952–2025 · leading case: Gluesenkamp v. State, 391 So. 2d 192 (Fla. 1980).

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Gluesenkamp v. State, 391 So. 2d 192 (Fla. 1980). · cites it 3× “Appellant Gluesenkamp, on the other hand, did not consent to the search of his van, and properly preserved for appeal the question of the legality of the search.”

Morales v. State, 407 So. 2d 321 (Fla. 3d DCA 1981). · cites it 2× “543 (1925), adopted in toto by § 933.19, Fla. Stat. (1979); Almeida-Sanchez v.”

City of Miami v. Aronovitz, 114 So. 2d 784 (Fla. 1959). · cites it 3× “In this connection nothing can be accomplished by laboring the ultimate judgment of that decision.”

Pomerantz v. State, 372 So. 2d 104 (Fla. 3d DCA 1979). · cites it 2× “543 (1925), adopted as the law of Florida by § 933.19, Fla. Stat. (1977), and compare United States v.”

Chacon v. State, 102 So. 2d 578 (Fla. 1958). · cites it 3× “For example, by Section 933.19, Florida Statutes, F.S.A., our Legislature has made a part of the statute law of Florida the decision of the Supreme Court of the United States in Carroll v.”

State v. Jackson, 368 So. 2d 66 (Fla. 3d DCA 1979). · cites it 6× “1 Our discussion of the law applicable to the facts of the instant ease has been greatly simplified by our Legislature’s adoption of Section 933.19, Florida Statutes (1977) which provides for the search and seizure of vehicles.”

Miranda v. State, 354 So. 2d 411 (Fla. 3d DCA 1978). · cites it 2× “543 (1925), adopted by Section 933.19, Florida Statutes (1975); Collins v.”

State v. Gustafson, 258 So. 2d 1 (Fla. 1972). · cites it 2× “01 et seq., F.S.A. [3] Fla. Stat. § 317.201 , F.”

Adoue v. State, 408 So. 2d 567 (Fla. 1981). · cites it 2× “§ 933.19, Fla. Stat. (1977). In Carroll , the Supreme Court of the United States held that automobiles or other vehicles may be searched without a warrant where an officer, authorized to search, has probable cause for believing that the vehicle is carrying contraband.”

Kuhn v. State, 439 So. 2d 291 (Fla. 3d DCA 1983). · cites it 2× “543 (1925), adopted in toto by § 933.19 Fla. Stat. (1981); Chambers v. Maroney, 399 U.”

Haugland v. State, 374 So. 2d 1026 (Fla. 3d DCA 1979). · cites it 2× “543 (1925), adopted by § 933.19, Fla. Stat. (1977); Chambers v. Maroney, 399 U.”

Carlton v. State, 418 So. 2d 449 (Fla. 5th DCA 1982). · cites it 2× “" Perhaps the court in Pezzella was especially sensitive to the breadth of the description of the property to be seized because it related to a search of a home.”

Show all 56 citing cases →

— 933.19(1) — 4 cases

State v. Howard, 411 So. 2d 372 (Fla. 4th DCA 1982).

Lee v. State, 392 So. 2d 615 (Fla. 2d DCA 1981).

Hendrix v. State, 456 So. 2d 494 (Fla. 2d DCA 1984).

State v. Johnson, 26 Fla. Supp. 2d 13 (Fla. Indian River Cty. Ct. 1987).

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