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Florida Statute 933.05 | Lawyer Caselaw & Research
F.S. 933.05 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 933.05

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. 933.05
933.05 Issuance in blank prohibited.A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized; no search warrant shall be issued in blank, and any such warrant shall be returned within 10 days after issuance thereof.
History.s. 5, ch. 9321, 1923; CGL 8507.

F.S. 933.05 on Google Scholar

F.S. 933.05 on Casetext

Amendments to 933.05


Arrestable Offenses / Crimes under Fla. Stat. 933.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RUSS, Jr. v. STATE, 185 So. 3d 622 (Fla. Dist. Ct. App. 2016)

. . . Nelson, 542 So.2d 1043, 1045 (Fla. 5th DCA 1989); see also § 933.05, Fla. Stat. (2013). . . .

DAVIS, v. STATE, 153 So. 3d 360 (Fla. Dist. Ct. App. 2014)

. . . .” § 933.05, Fla. Stat (2010). . . .

INGRAHAM, v. STATE, 811 So. 2d 770 (Fla. Dist. Ct. App. 2002)

. . . The motion argued in part that the search warrant was insufficient on its face because section 933.05 . . .

STATE v. TAYLOR,, 784 So. 2d 1164 (Fla. Dist. Ct. App. 2001)

. . . Furthermore, section 933.05, Florida Statutes (1999), requires that an executed warrant be returned within . . .

B. POWER, Jr. v. STATE, 605 So. 2d 856 (Fla. 1992)

. . . State, 222 So.2d 3, 5 (Fla.1969); § 933.05, Fla. Stat. (1989). . . .

STATE v. GAYLE,, 573 So. 2d 968 (Fla. Dist. Ct. App. 1991)

. . . Further, sections 933.05 and 933.07, Florida Statutes, require only that the warrant itself must describe . . .

K. CLAPSADDLE, v. STATE, 545 So. 2d 946 (Fla. Dist. Ct. App. 1989)

. . . Section 933.05, Florida Statutes (1981), only requires that the place or thing to be searched be described . . .

STATE v. WADE, Jr., 544 So. 2d 1028 (Fla. Dist. Ct. App. 1989)

. . . .; § 933.05, Fla.Stat. (1987). . . .

PEREZ, v. STATE, 521 So. 2d 262 (Fla. Dist. Ct. App. 1988)

. . . I, § 12; § 933.05, Fla.Stat. (1985); Carlton v. State, 449 So.2d 250 (Fla.1984); see also Sims v. . . .

SIMS, v. STATE, 483 So. 2d 81 (Fla. Dist. Ct. App. 1986)

. . . Constitution, Amendment 4; Florida Constitution, Article I, Section 12; Sections 933.04, 933.05, Florida . . .

STATE v. CARSON, 482 So. 2d 405 (Fla. Dist. Ct. App. 1985)

. . . warrant was facially defective, in that the place to be searched was not described as required by section 933.05 . . . As such, we hold that the warrant in the present case was legally sufficient under section 933.05 and . . .

STATE OF FLORIDA v. FRANQUE, 10 Fla. Supp. 2d 81 (Fla. Cir. Ct. 1985)

. . . reaffirmed the requirement of Article I, Section 12, Florida Constitution (1968) and Florida Statute 933.05 . . . affidavit which particularly describes the place to be searched and the person and thing to be seized. 933.05 . . .

SPERA, v. STATE, 467 So. 2d 329 (Fla. Dist. Ct. App. 1985)

. . . . § 933.05, Fla.Stat. (1983). . . .

CARLTON, v. STATE, 449 So. 2d 250 (Fla. 1984)

. . . This constitutional mandate has been further amplified by the Florida legislature in section 933.05, . . .

HARDEN, v. STATE, 433 So. 2d 1378 (Fla. Dist. Ct. App. 1983)

. . . Fla. 3d DCA 1971) (failure to make return of seized property within ten days as required by section 933.05 . . .

STATE v. HAUGEE,, 402 So. 2d 1216 (Fla. Dist. Ct. App. 1981)

. . . Section 933.05, Florida Statutes (1979), requires the warrant to name or describe “the person, place . . .

SUAREZ, v. STATE, 400 So. 2d 1048 (Fla. Dist. Ct. App. 1981)

. . . See also § 933.05 Fla.Stat. (1979); Fla.R.Crim.P. 3.190(h)(l)(3). We find that it does not. . . .

PEZZELLA, v. STATE, 390 So. 2d 97 (Fla. Dist. Ct. App. 1980)

. . . Section 933.05 of the Florida Statutes (1977) redundantly contains a similar prohibition. . . .

S. GERARDI, Jr. v. STATE, 307 So. 2d 853 (Fla. Dist. Ct. App. 1975)

. . . addressee at a private dwelling on a specific future date which is within the 10 day time limit set by § 933.05 . . .

CAIN v. STATE, 287 So. 2d 69 (Fla. 1973)

. . . . § 933.05, F.S.A., prohibits the issuance of a search warrant in blank. Jackson v. . . .

BLOOM, v. STATE, 283 So. 2d 134 (Fla. Dist. Ct. App. 1973)

. . . This constitutional command is further amplified by Section 933.05, Florida Statutes, F.S.A., which specifically . . .

STATE v. CAIN, 272 So. 2d 548 (Fla. Dist. Ct. App. 1972)

. . . Evidence was suppressed because the search warrant was “issued in blank in violation of Section 933.05 . . . Fla.Stat. § 933.05 (1971), F.S.A. . 1947. 202 Miss. 233, 31 So.2d 127. . Bell v. . . .

STATE v. FEATHERSTONE,, 246 So. 2d 597 (Fla. Dist. Ct. App. 1971)

. . . Section 933.05, Fla.Stat., F.S.A. requires that the warrant be returned within ten days after its issuance . . .

STATE v. COOK,, 213 So. 2d 18 (Fla. Dist. Ct. App. 1968)

. . . officers executing the warrant and consequently violated both the letter and spirit of Fla.Stat., § 933.05 . . . See Fla.Stat., §§ 933.04 and 933.05, F.S.A. . . .

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

. . . Section 933.05 F.S.A. prohibits issuance of a search warrant “except upon probable cause supported by . . .

BYERS, v. STATE, 109 So. 2d 382 (Fla. Dist. Ct. App. 1959)

. . . used as a subterfuge in an effort to evade the Constitution of the State of Florida, Sections 933.04, 933.05 . . .