Florida Statute 933.19 - 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. 933.19

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.

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Amendments to 933.19

Annotations, Discussions, Cases:

Cases Citing Statute 933.19

Total Results: 52

City of Miami v. Aronovitz

114 So. 2d 784

Supreme Court of Florida | Filed: Sep 16, 1959 | Docket: 460835

Cited 42 times | Published

been given legislative sanction in Florida by Section 933.19, Florida Statutes, F.S.A. In the matter of

Cameron v. State

112 So. 2d 864

District Court of Appeal of Florida | Filed: Jun 9, 1959 | Docket: 1405032

Cited 41 times | Published

S.Ct. 280, 69 L.Ed. 543, which case by F.S. Section 933.19, F.S.A. was adopted as the statute law of Florida

State v. Gustafson

258 So. 2d 1

Supreme Court of Florida | Filed: Jan 26, 1972 | Docket: 1236775

Cited 35 times | Published

nervous system stimulants... ." [4] Fla. Stat. § 933.19, F.S.A. literally adopts the opinion of the Court

Morales v. State

407 So. 2d 321

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 2518719

Cited 25 times | Published

285-86, 69 L.Ed. 543 (1925), adopted in toto by § 933.19, Fla. Stat. (1979); Almeida-Sanchez v. United

Byrd v. State

80 So. 2d 694

Supreme Court of Florida | Filed: Apr 29, 1955 | Docket: 1440596

Cited 20 times | Published

written by our legislature. See Florida Statutes, § 933.19 F.S.A., and 24 F.S.A. pp. 217-218. See also Kersey

Pomerantz v. State

372 So. 2d 104

District Court of Appeal of Florida | Filed: May 15, 1979 | Docket: 1695625

Cited 17 times | Published

543 (1925), adopted as the law of Florida by § 933.19, Fla. Stat. (1977), and compare United States

Romanello v. State

160 So. 2d 529

District Court of Appeal of Florida | Filed: Feb 4, 1964 | Docket: 1746475

Cited 17 times | Published

39 A.L.R. 790, adopted in Florida Statutes, section 933.19; Collins v. State, Fla. 1953, 65 So.2d 61;

Gluesenkamp v. State

391 So. 2d 192

Supreme Court of Florida | Filed: Oct 16, 1980 | Docket: 1174584

Cited 16 times | Published

properly conducted without a warrant pursuant to section 933.19, Florida Statutes (1977). § 570.15(1)(b), Florida

Range v. State

156 So. 2d 534

District Court of Appeal of Florida | Filed: Oct 2, 1963 | Docket: 446150

Cited 16 times | Published

39 A.L.R. 790, adopted in Florida Statutes, section 933.19; Collins v. State, Fla. 1953, 65 So.2d 61;

Chacon v. State

102 So. 2d 578

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

Cited 16 times | Published

provisions in various particulars. For example, by Section 933.19, Florida Statutes, F.S.A., our Legislature

Miller v. State

137 So. 2d 21

District Court of Appeal of Florida | Filed: Jan 31, 1962 | Docket: 1739041

Cited 15 times | Published

of the automobile offended against the law. Section 933.19, F.S.A., adopting as the statute law of Florida

Kersey v. State

58 So. 2d 155, 1952 Fla. LEXIS 1140

Supreme Court of Florida | Filed: Mar 18, 1952 | Docket: 1453709

Cited 14 times | Published

without warrant. Chapter 12257, Acts of 1927, Section 933.19, Florida Statutes 1949, F.S.A. We are conscious

Miranda v. State

354 So. 2d 411

District Court of Appeal of Florida | Filed: Jan 17, 1978 | Docket: 1279228

Cited 12 times | Published

S.Ct. 280, 69 L.Ed. 543 (1925), adopted by Section 933.19, Florida Statutes (1975); Collins v. State

Kuhn v. State

439 So. 2d 291

District Court of Appeal of Florida | Filed: Sep 27, 1983 | Docket: 1265734

Cited 11 times | Published

280, 69 L.Ed. 543 (1925), adopted in toto by § 933.19 Fla. Stat. (1981); Chambers v. Maroney, 399 U

Hill v. State

238 So. 2d 608

Supreme Court of Florida | Filed: Jul 1, 1970 | Docket: 2448810

Cited 11 times | Published

State of Florida and appearing now as Fla. Stat. § 933.19 (1967), F.S.A. Defendant relies heavily upon the

Adoue v. State

408 So. 2d 567

Supreme Court of Florida | Filed: Dec 3, 1981 | Docket: 1449750

Cited 10 times | Published

been expressly adopted as the law of this state. § 933.19, Fla. Stat. (1977). In Carroll, the Supreme Court

Sing v. Wainwright

148 So. 2d 19

Supreme Court of Florida | Filed: Nov 14, 1962 | Docket: 1732914

Cited 10 times | Published

State, supra; Jackson v. State, supra; see also F.S. 933.19, F.S.A. By virtue of this interpretation of the

James v. State

80 So. 2d 699

Supreme Court of Florida | Filed: May 20, 1955 | Docket: 1440730

Cited 10 times | Published

States, 267 U.S. 132, 153-154, 45 S.Ct. 280, and Section 933.19, F.S.A. In Byrd v. State, supra, the search

Haugland v. State

374 So. 2d 1026

District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 430362

Cited 9 times | Published

45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by § 933.19, Fla. Stat. (1977); Chambers v. Maroney, 399 U

Jetmore v. State

275 So. 2d 61

District Court of Appeal of Florida | Filed: Mar 16, 1973 | Docket: 1383000

Cited 9 times | Published

399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed. 419; and Section 933.19, Florida Statutes 1971, F.S.A. Assuming that

State v. Smith

193 So. 2d 23

District Court of Appeal of Florida | Filed: Dec 20, 1966 | Docket: 1304814

Cited 6 times | Published

280, 69 L.Ed. 543, 39 A.L.R. 790; Fla. Stat., § 933.19, F.S.A. However, when the vehicle is immobile

Carlton v. State

418 So. 2d 449

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 1289085

Cited 5 times | Published

situation with respect to expectations of privacy. See § 933.19, Fla. Stat. (1981); United States v. Ross, ___

Smith v. State

333 So. 2d 91

District Court of Appeal of Florida | Filed: Jun 7, 1976 | Docket: 377619

Cited 5 times | Published

U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), F.S. 933.19 (1975). See also Chambers v. Maroney, 399 U.S

Beck v. State

181 So. 2d 659

District Court of Appeal of Florida | Filed: Jan 5, 1966 | Docket: 1175998

Cited 5 times | Published

S.Ct. 280, 69 L.Ed. 543, as incorporated in Section 933.19, Fla.Stats., F.S.A. See also for search and

Miller v. State

368 So. 2d 943

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 1723150

Cited 4 times | Published

warrant pursuant to Section 933.19, Florida Statutes. The provisions of Section 933.19 are not applicable

Smith v. State

155 So. 2d 826

District Court of Appeal of Florida | Filed: Jul 31, 1963 | Docket: 2519542

Cited 4 times | Published

State, Fla. 1954, 74 So.2d 652; Florida Statute § 933.19, F.S.A. Law enforcement, be it ever so zealous

Bryant v. State

155 So. 2d 396

District Court of Appeal of Florida | Filed: Jul 3, 1963 | Docket: 1743342

Cited 4 times | Published

of the automobile offended against the law. Section 933.19, F.S.A., adopting as the statute law of Florida

Kimball v. State

801 So. 2d 264, 2001 WL 1579073

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 1495638

Cited 3 times | Published

132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), and section 933.19, Florida Statutes, excuses only the warrant

Gadsden v. State

498 So. 2d 1339, 11 Fla. L. Weekly 2650

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 1335260

Cited 3 times | Published

267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); § 933.19, Fla. Stat. (1985); State v. Lee, 313 So.2d 441

Pederson v. State

373 So. 2d 367

District Court of Appeal of Florida | Filed: Jun 29, 1979 | Docket: 1763411

Cited 3 times | Published

argues that Section 570.15(1)(b), referring to Section 933.19, incorporates the criminal probable cause test

Samuels v. State

318 So. 2d 190

District Court of Appeal of Florida | Filed: Jul 18, 1975 | Docket: 1476635

Cited 3 times | Published

initial determination by the trial court. Fla. Stat. § 933.19 adopts the rule formulated in Carroll v. U.S.

State v. Lee

313 So. 2d 441

District Court of Appeal of Florida | Filed: May 30, 1975 | Docket: 1751225

Cited 3 times | Published

45 S.Ct. 280, 69 L.Ed. 543 (1962); Fla. Stat. § 933.19 (1973); Jetmore v. State, Fla.App. 4th 1973, 275

State v. Howard

411 So. 2d 372

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1327345

Cited 2 times | Published

Ct. 280, 69 L.Ed. 543 (1925) as codified in Section 933.19(1), Florida Statutes (1981). The defendants

State of Florida v. Travis Cornelius Simpson

District Court of Appeal of Florida | Filed: May 30, 2025 | Docket: 70411135

Published

(1925), which Florida has expressly adopted. See § 933.19, Fla. Stat. (1927). The Carroll Court described

Hendrix v. State

456 So. 2d 494, 9 Fla. L. Weekly 1812, 1984 Fla. App. LEXIS 14689

District Court of Appeal of Florida | Filed: Aug 17, 1984 | Docket: 64607007

Published

Gillum, 428 So.2d 755 (Fla. 2d DCA 1983). See also § 933.19(1), Fla. Stat. (1983) (specifically adopting,

Dilyerd v. State

444 So. 2d 577, 1984 Fla. App. LEXIS 11554

District Court of Appeal of Florida | Filed: Feb 2, 1984 | Docket: 64602453

Published

ORFINGER, C.J., and COWART, J., concur. . See § 933.19, Fla.Stat. (1981). . See New York v. Belton

Morejon v. State

431 So. 2d 315, 1983 Fla. App. LEXIS 19427

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 64596982

Published

DCA), cert. denied, 364 So.2d 888 (Fla.1978); Section 933.19, Florida Statutes (1981). This exception derives

Morejon v. State

431 So. 2d 315

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 456098

Published

DCA), cert. denied, 364 So.2d 888 (Fla. 1978); Section 933.19, Florida Statutes (1981). This exception derives

Gomez v. State

402 So. 2d 1239, 1981 Fla. App. LEXIS 20794

District Court of Appeal of Florida | Filed: Aug 4, 1981 | Docket: 64584817

Published

45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by § 933.19, Fla.Stat. (1979); Ensor v. State, 403 So.2d 349

Sachs v. State

396 So. 2d 865, 1981 Fla. App. LEXIS 27987

District Court of Appeal of Florida | Filed: Apr 14, 1981 | Docket: 64581586

Published

45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by § 933.19, Fla.Stat. (1979); Hetland v. State, 387 So.2d

Lee v. State

392 So. 2d 615, 1981 Fla. App. LEXIS 18672

District Court of Appeal of Florida | Filed: Jan 21, 1981 | Docket: 64579648

Published

132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), and section 933.19(1), Florida Statutes (1979), which adopts the

Mead v. State

381 So. 2d 743, 1980 Fla. App. LEXIS 16324

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 64575172

Published

45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by § 933.19, Fla.Stat. (1979); McGowan v. State, 351 So.2d

Jenkins v. State

382 So. 2d 83, 1980 Fla. App. LEXIS 15656

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 64575455

Published

bag was open with its contents in plain view. Section 933.19, Florida Statutes (1979), adopts the rule formulated

Lopez v. State

374 So. 2d 551, 1979 Fla. App. LEXIS 21210

District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 64571671

Published

45 S.Ct. 280, 69 L.Ed.2d 543 (1925), adopted by § 933.19, Fla.Stat. (1977); Turner v. State ex rel. Pellerin

State v. Jackson

368 So. 2d 66, 1979 Fla. App. LEXIS 14563

District Court of Appeal of Florida | Filed: Feb 13, 1979 | Docket: 64568812

Published

simplified by our Legislature’s adoption of Section 933.19, Florida Statutes (1977) which provides for

Gordon v. State

368 So. 2d 59, 1979 Fla. App. LEXIS 14561

District Court of Appeal of Florida | Filed: Feb 13, 1979 | Docket: 64568811

Published

543 (1925), adopted as the law of Florida by Section 933.-19, Florida Statutes (1977); Collins v. State

Dearing v. State

348 So. 2d 1233

District Court of Appeal of Florida | Filed: Aug 9, 1977 | Docket: 64559779

Published

S.Ct. 280, 69 L.Ed. 543 (1925) adopted by Section 933.-19, Florida Statutes (1975); State ex rel. Butler

Trask v. State

253 So. 2d 269

District Court of Appeal of Florida | Filed: Oct 8, 1971 | Docket: 64522473

Published

1934, 114 Fla. 29, 152 So. 739. See also F.S. § 933.19, F.S.A. and F.S. § 910.09, F.S.A. PIERCE, C. J

State v. Sanders

239 So. 2d 120, 1970 Fla. App. LEXIS 5747

District Court of Appeal of Florida | Filed: Sep 9, 1970 | Docket: 64516471

Published

45 S.Ct. 280, 69 L.Ed. 543. Florida Statutes § 933.19, F.S.A. has specifically adopted the Carroll decision

State v. Cundiff

230 So. 2d 691, 1970 Fla. App. LEXIS 7033

District Court of Appeal of Florida | Filed: Jan 30, 1970 | Docket: 64512934

Published

State, Fla.App.1962, 137 So.2d 21; F.S.1967, Section 933.19, F.S.A. *692WALDEN and OWEN, JJ., concur. CROSS

McQuillen v. State

227 So. 2d 509

District Court of Appeal of Florida | Filed: Oct 22, 1969 | Docket: 64511860

Published

State, Fla.App.1968, 213 So.2d 614; and F.S. § 933.19, F.S.A. LILES, Acting C. J., and PIERCE and MANN

Fountain v. State

199 So. 2d 738, 1967 Fla. App. LEXIS 4915

District Court of Appeal of Florida | Filed: May 23, 1967 | Docket: 64501159

Published

it contains contraband or stolen property. Section 933.19, Florida Statutes, F.S.A.; Carroll v. United