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Florida Statute 933.02 | Lawyer Caselaw & Research
F.S. 933.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 933.02

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 933
SEARCH AND INSPECTION WARRANTS
View Entire Chapter
F.S. 933.02
933.02 Grounds for issuance of search warrant.Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:
(1) When the property shall have been stolen or embezzled in violation of law;
(2) When any property shall have been used:
(a) As a means to commit any crime;
(b) In connection with gambling, gambling implements and appliances; or
(c) In violation of s. 847.011 or other laws in reference to obscene prints and literature;
(3) When any property constitutes evidence relevant to proving that a felony has been committed;
(4) When any property is being held or possessed:
(a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of intoxicating liquors;
(b) In violation of the fish and game laws;
(c) In violation of the laws relative to food and drug; or
(d) In violation of the laws relative to citrus disease pursuant to s. 581.184; or
(5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place.

This section also applies to any papers or documents used as a means of or in aid of the commission of any offense against the laws of the state.

History.s. 16, sub-ch. 8, ch. 1637, 1868; s. 6, ch. 3921, 1889; RS 3007, 3008; GS 4083, 4084; RGS 6187, 6188; s. 4, ch. 9321, 1923; CGL 8501, 8502, 8506; s. 2, ch. 74-318; s. 1, ch. 77-174; s. 2, ch. 2002-11; s. 2, ch. 2003-188; s. 7, ch. 2006-45; s. 3, ch. 2010-35; s. 8, ch. 2019-45.

F.S. 933.02 on Google Scholar

F.S. 933.02 on Casetext

Amendments to 933.02


Arrestable Offenses / Crimes under Fla. Stat. 933.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WILLIAMS, v. STATE, 167 So. 3d 483 (Fla. Dist. Ct. App. 2015)

. . . See § 933.02, Fla. Stat. (2013); State v. Geiss, 70 So.3d 642 (Fla. 5th DCA 2011). . . . .

STATE v. G. GEISS,, 70 So. 3d 642 (Fla. Dist. Ct. App. 2011)

. . . Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), as one of great public importance: DOES SECTION 933.02 . . . Statute The trial court also found that the blood draw was not authorized by the warrant statute, section 933.02 . . . This is significant because section 933.02, Florida Statutes, only allows the state to secure a warrant . . . to seize “property ... used as a means to commit” a misdemeanor. § 933.02(2)(a), Fla. . . . for “property [that] constitutes evidence relevant to proving that a felony has been committed.” § 933.02 . . . probable cause that a suspect has committed misdemeanor DUI in light of the plain language of section 933.02 . . .

STATE v. CARRENO,, 35 So. 3d 125 (Fla. Dist. Ct. App. 2010)

. . . Section 933.02(3), Florida Statutes, provides that a search warrant for property may be issued “[w]hen . . .

STATE v. ABBEY,, 28 So. 3d 208 (Fla. Dist. Ct. App. 2010)

. . . .” § 933.02(3), Fla. Stat. (2006) (emphasis added). . . . “[w]hen any property constitutes evidence relevant to proving that a felony has been committed.” § 933.02 . . . homicide occurred and therefore is relevant to proving the felony was committed, as required by section 933.02 . . .

FARRALL, v. STATE, 902 So. 2d 820 (Fla. Dist. Ct. App. 2004)

. . . See § 933.02(3), Fla. Stat. (2000). As a result, no notice or adversarial hearing is required. . . .

LIMBAUGH, v. STATE, 887 So. 2d 387 (Fla. Dist. Ct. App. 2004)

. . . Section 933.02(3) expresses no limitations as to the kind of property that may be had by a search warrant . . . To the contrary, section 933.02(3)’s term any property self-evidently includes medical records because . . . records to be seized were relevant to the commission of a felony being investigated by the State. § 933.02 . . . Stat. (2003) (providing for issuance of search warrants); § 933.02(3), Fla. . . .

M. HAIRE, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v., 870 So. 2d 774 (Fla. 2004)

. . . See §§ 933.02, 933.04, Fla. Stat. (2003). . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. M. A. HAIRE, B. M., 836 So. 2d 1040 (Fla. Dist. Ct. App. 2003)

. . . this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02 . . . The order actually states that section 933.02 is declared unconstitutional, but the rationale in the . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. M. HAIRE A., 832 So. 2d 778 (Fla. Dist. Ct. App. 2002)

. . . process the court held unconstitutional various aspects of the 2002 amendments to sections 581.184 and 933.02 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES L. v. MIAMI- DADE COUNTY, a a, 790 So. 2d 555 (Fla. Dist. Ct. App. 2001)

. . . First, paragraph 933.02(4)(c), Florida Statutes, is broad enough to authorize the issuance of a search . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES H. v. MIAMI- DADE COUNTY, a, 790 So. 2d 559 (Fla. Dist. Ct. App. 2001)

. . . In my view, paragraph 933.02(4)(c), Florida Statutes (2000), is broad enough to authorize the issuance . . .

BORDO, INC. v. STATE, 627 So. 2d 561 (Fla. Dist. Ct. App. 1993)

. . . Only subsections (2)(a) and (3)of section 933.02 are even theoretically applicable. . . . being used to commit the crime of lewdness, it is obvious that the warrant does not comply with section 933.02 . . .

STATE v. PANZINO A., 583 So. 2d 1059 (Fla. Dist. Ct. App. 1991)

. . . Section 933.02 of the Florida Statutes (1987) states that “upon proper affidavits being made a search . . .

BENSON, v. STATE, 526 So. 2d 948 (Fla. Dist. Ct. App. 1988)

. . . Section 933.02(3) provides for a search warrant “[w]hen any property constitutes evidence relevant to . . . contained unsupported assertions, we conclude that the affidavit was sufficient to fulfill section 933.02 . . .

STATE v. S. TAMER,, 475 So. 2d 918 (Fla. Dist. Ct. App. 1985)

. . . Thompson, 612 F.2d 233 (6th Cir.1979); § 933.02(3), Fla.Stat. (1981). . . .

STATE v. SMELT,, 417 So. 2d 1154 (Fla. Dist. Ct. App. 1982)

. . . MATERIALS F.S.A. 847.011 AND IN-STRUMENTALITIES USED IN PERPETRATION OF A CRIME SUBJECT TO SEIZURE UNDER 933.02 . . .

BARFIELD, v. STATE, 396 So. 2d 793 (Fla. Dist. Ct. App. 1981)

. . . information received from their sources, there was probable cause to believe, as required by Section 933.02 . . .

MADAR, v. STATE, 376 So. 2d 446 (Fla. Dist. Ct. App. 1979)

. . . . — s. 901.19 Disposition of apparatus. s. 933.02 Search warrants, implements and appliances. . 849.093 . . .

STATE v. NELSON,, 347 So. 2d 749 (Fla. Dist. Ct. App. 1977)

. . . See Section 933.02(5), Florida Statutes (1975). . . .

M. MERRICK v. STATE, 338 So. 2d 77 (Fla. Dist. Ct. App. 1976)

. . . Stat., Secs. 933.02, 933.18; cf. Joyner v. State, 303 So.2d 60 (1 DCA Fla.1974). . . .

WOLFF, Jr. v. STATE, 291 So. 2d 15 (Fla. Dist. Ct. App. 1974)

. . . Fla.Stat. section 933.02, F. . . .

STATE v. GORDILLO, 245 So. 2d 898 (Fla. Dist. Ct. App. 1971)

. . . See § 933.18 and § 933.02, Fla. Stat., F.S.A. . . .

L. CARTER, v. STATE, 199 So. 2d 324 (Fla. Dist. Ct. App. 1967)

. . . Section 933.02 F.S.A. provides the grounds upon which such search warrant may be issued, which grounds . . .

JOSEPHINE C. RUMLEY, ADMINISTRATRIX OF THE ESTATE OF GEORGE S. RUMLEY D B A GEORGE S. RUMLEY SHOE MANUFACTURING COMPANY v. THE UNITED STATES, 152 Ct. Cl. 166 (Ct. Cl. 1961)

. . . Less: 190,000 units at $0.47 in QM-3833_ 89, 300.00 Less freight to various points- 19,366. 98 - 69, 933.02 . . .

MELTON, v. STATE, 75 So. 2d 291 (Fla. 1954)

. . . Sections 923.11, 923.12, 933.01, 933.02, 933.-06, 933.07; Florida Statutes 1951, F.S.A. 47 Am.Jur.,, . . .

MARION F. JOHNSON, v. STATE OF FLORIDA, 157 Fla. 685 (Fla. 1946)

. . . See sub-paragraph (b) of Sec. 933.02 and Sec. 933.07 Fla. Statutes 1941 (same F.S.A.). . . .

STATE OF FLORIDA DAISY WILSON, v. H. LESLIE QUIGG, a, 154 Fla. 348 (Fla. 1944)

. . . The “grounds for issuance” are set forth in the next Section, 933.02, but offenses against municipal . . . The grounds for issuance are set forth in Sections 933.02 and 933.18 of that Chapter. . . .

BRICTSON MFG. CO. v. CLOSE, 25 F.2d 794 (8th Cir. 1928)

. . . received after the receiver was appointed, deducting therefrom certain expenses, which he found were $1,-933.02 . . .