Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 933.07 | Lawyer Caselaw & Research
F.S. 933.07 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 933.07

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. 933.07
933.07 Issuance of search warrants.
(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s deputies or any police officer or other person authorized by law to execute process, commanding the officer or person forthwith to search the property described in the warrant or the person named, for the property specified, and to bring the property and any person arrested in connection therewith before the judge or some other court having jurisdiction of the offense.
(2) Notwithstanding any other provisions of this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a court proceeding prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant. Such search warrant may be served by employees or authorized contractors of the Department of Agriculture and Consumer Services. Such search warrant may be made returnable at any time up to 6 months from the date of issuance.
(3) A judge may electronically sign a search warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the application and proofs submitted, determines that the application:
(a) Bears the affiant’s signature, or electronic signature if the application was submitted electronically.
(b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.
(c) If submitted electronically, is submitted by reliable electronic means.
(4) A search warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40.
History.s. 7, ch. 9321, 1923; CGL 8509; s. 42, ch. 73-334; s. 1, ch. 79-131; s. 1570, ch. 97-102; s. 3, ch. 2002-11; s. 37, ch. 2004-11; s. 158, ch. 2007-5; s. 2, ch. 2013-247.

F.S. 933.07 on Google Scholar

F.S. 933.07 on Casetext

Amendments to 933.07


Arrestable Offenses / Crimes under Fla. Stat. 933.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.07.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. STOUFFER,, 248 So. 3d 1165 (Fla. App. Ct. 2018)

. . . Section 933.07(1), Florida Statutes, provides: The judge, upon examination of the application and proofs . . .

WILLIAMS, v. STATE, 130 So. 3d 757 (Fla. Dist. Ct. App. 2014)

. . . IV; § 933.07(1), Fla. Stat. (2011). . . .

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

. . . See § 933.07(1), Fla. Stat. (2003). . . . And the presence of one actual limitation in subsection (2) of 933.07(1) demonstrates beyond any quibble . . . See § 933.07, Fla. Stat. (1997). . . . We know from the addition of the citrus canker provision to section 933.07(2) that the Legislature is . . . See § 933.07(1), Fla. Stat. (2003) (providing for issuance of search warrants); § 933.02(3), Fla. . . . With regard to search and seizure, section 933.07(1), Florida Statutes (2003), authorizes the search . . . See § 933.07(2), Fla. Stat. (2003). . . .

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

. . . The Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes . . . Although the State does not appeal the determination that section 933.07(2) is unconstitutional, the . . .

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

. . . property; (3) if search warrants are required, whether area-wide search warrants authorized under section 933.07 . . . that section 581.184 does not violate due process and is therefore constitutional, but that section 933.07 . . . The court held section 933.07(2) unconstitutional. . . . Second, it contends that section 933.07(2) authorizes area-wide administrative search warrants. . . . We hold that section 933.07(2), providing for area-wide warrants, is unconstitutional and a violation . . .

STATE v. VIATICAL SERVICES, INC., 741 So. 2d 560 (Fla. Dist. Ct. App. 1999)

. . . See § 933.07, Flat Stat. (1997). . . . The issuance of search warrants is governed by section 933.07, Florida Statutes (1997), which provides . . .

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 . . . Sections 933.06 and 933.07 require the issuing magistrate to have affidavits or other proof before him . . .

STATE v. NELSON,, 542 So. 2d 1043 (Fla. Dist. Ct. App. 1989)

. . . State, 508 So.2d 568 (Fla. 2d DCA 1987); §§ 933.07 & 933.11, Fla.Stat. (1987). . . .

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

. . . See §§ 933.04, 933.07. . . . Section 933.07 provides for warrants “to search ... the person named, for the property specified.” . . .

STATE v. GRIFFIS,, 502 So. 2d 1356 (Fla. Dist. Ct. App. 1987)

. . . Quigg, 154 Fla. 348, 17 So.2d 697 (1944), but argues that sections 933.07 and 933.08, Florida Statutes . . . It is true that section 933.07 authorizes a judge to issue a search warrant to “any police officer.” . . . Section 933.07 provides: Issuance of search warrants. — The judge, upon examination of the application . . .

RYALS, Sr. v. STATE, 498 So. 2d 1365 (Fla. Dist. Ct. App. 1986)

. . . Section 933.07, Florida Statutes (1985), requires a finding of probable cause before a judge can issue . . .

STATE OF FLORIDA v. LABRADA,, 13 Fla. Supp. 2d 111 (Fla. Cir. Ct. 1985)

. . . Section 933.07-.08, Florida Statutes. . . . Search warrants are directed only to law enforcement officers, Section 933.07, Florida Statutes. . . .

STATE OF FLORIDA v. HEPLER, 6 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1984)

. . . F.S. 933.07. . . .

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

. . . Section 933.07, Florida Statutes (1979), provides the warrant is “to search the property described in . . .

STEWART, v. STATE, 389 So. 2d 1231 (Fla. Dist. Ct. App. 1980)

. . . Section 933.07, Florida Statutes (1979), governs the issuance of a search warrant. . . . Consequently, the warrant did not comply with section 933.07. . . . The court reasoned that section 933.07 mandated the signing of the warrant and that strict compliance . . . that the deputy who served the search warrant was among that class of persons authorized by section 933.07 . . .

STATE v. RUSSO, Jr., 389 So. 2d 213 (Fla. Dist. Ct. App. 1980)

. . . specifically requiring that the seized property be brought before the court as required by Subsection 933.07 . . .

C. KAPLAN, v. STATE, 347 So. 2d 659 (Fla. Dist. Ct. App. 1977)

. . . Sections 933.04 and 933.07, Florida Statutes (1975). . . .

THOMPSON, v. STATE, 342 So. 2d 52 (Fla. 1976)

. . . See § 933.07, Fla.Stat. (1975), permitting the issuance of search warrants “to any sheriff and his deputies . . .

JOHNSON v. STATE, 339 So. 2d 667 (Fla. Dist. Ct. App. 1976)

. . . failure of Judge Knowles to affix a seal or the name of her office to the search warrant pursuant to § 933.07 . . .

T. MARTIN, v. STATE, 344 So. 2d 248 (Fla. Dist. Ct. App. 1976)

. . . Section 933.07, F.S.1973, requires that, upon sufficient application, a committing magistrate shall “ . . . are of the view that the failure of the issuing magistrate to sign an original warrant pursuant to § 933.07 . . .

PURCELL, v. STATE, 325 So. 2d 83 (Fla. Dist. Ct. App. 1976)

. . . their contents simply was not authorized by the Constitution or by the warrant which, pursuant to § 933.07 . . .

STATE v. LAISER,, 322 So. 2d 490 (Fla. 1975)

. . . other Court having jurisdiction of the offense, to be dealt with according to law. . . . ” Section 933.07 . . . The language of the warrant in this case substantially complied with the requirement of Section 933.07 . . .

STATE v. RICHARDSON,, 318 So. 2d 167 (Fla. Dist. Ct. App. 1975)

. . . Neither sec. 933.07, F.S., nor the decision in Laiser v. . . .

STATE v. PHILLIP, 311 So. 2d 796 (Fla. Dist. Ct. App. 1975)

. . . . § 933.07. . . . to keep seized property in their possession, does not satisfy by implication the mandate of F.S. § 933.07 . . .

STATE v. JONES,, 307 So. 2d 456 (Fla. Dist. Ct. App. 1975)

. . . . § 933.07, requiring that the property be brought before the magistrate. . . .

ALFORD, v. STATE, 307 So. 2d 433 (Fla. 1975)

. . . . § 933.07, F.S. . . .

STATE v. HERNANDEZ,, 42 Fla. Supp. 199 (Dade Cty. Cir. Ct. 1974)

. . . was issued by the Honorable Edward Cowart, circuit judge; said warrant, pursuant to Florida Statute §933.07 . . . warrant in accordance with the express command of the warrant itself as well as the provisions of §933.07 . . . Unless the strictures of §933.07 are obeyed, such a determination cannot be made to the prejudice of . . . Schectman, 291 So.2d 259, 261 (Fla. 4th Dist. 1974), a strict construction of §933.07 mandates that “ . . . magistrate issuing the warrant or some other court having jurisdiction of the offense as prescribed by §933.07 . . .

LAISER, v. STATE, 299 So. 2d 39 (Fla. Dist. Ct. App. 1974)

. . . search warrant and where said search warrant failed to command the executing officer, pursuant to F.S. 933.07 . . . (emphasis supplied) F.S. § 933.07 (1973) provides: “. . . Issuance of search warrants. . . . has urged that the phrase, “to be disposed of according to law” satisfies the requirements of F.S. 933.07 . . . A strict construction of Section 933.07 suggests that it is only the ‘property specified’ . . . that . . .

D. NOFS, v. STATE, 295 So. 2d 308 (Fla. Dist. Ct. App. 1974)

. . . . § 933.07, F.S.A. . . .

STATE v. SCHECTMAN,, 291 So. 2d 259 (Fla. Dist. Ct. App. 1974)

. . . warrant bring the person in possession thereof (jewelry) before the magistrate as prescribed by Section 933.07 . . . Section 933.07, in authorizing the issuance of search warrants, provides as follows: “933.07 Issuance . . . A strict construction of Section 933.07 and a strict conformity thereto suggests that it is only the . . . In our view, the decision in Dawson is inconsistent with the clear pronouncement of Section 933.07. . . . In our opinion Section 933.07 does not require that the search warrant contain a command to bring before . . .

STATE v. B. DAWSON, III,, 276 So. 2d 65 (Fla. Dist. Ct. App. 1973)

. . . issuing the warrant or some other court having jurisdiction of the offense as prescribed by Section 933.07 . . .

R. NICHOLS, a k a v. STATE, 231 So. 2d 526 (Fla. Dist. Ct. App. 1970)

. . . . § 933.07, F.S.A., requires that the search warrant command the officer serving the same to search the . . .

STATE v. LEWIS, STATE v. LEWIS,, 225 So. 2d 170 (Fla. Dist. Ct. App. 1969)

. . . issuing magistrate to reduce such testimony to writing if it is cumulative to the affiant’s, nor does § 933.07 . . .

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

. . . Section 933.07 F.S.A. fixes the judicial duty upon the judge or magistrate to examine the application . . .

JOYNER, v. CITY OF LAKELAND, a, 90 So. 2d 118 (Fla. 1956)

. . . . § 933.07, F.S.A. which provides in part as follows: “The judge or magistrate * * shall thereupon issue . . .

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

. . . .-06, 933.07; Florida Statutes 1951, F.S.A. 47 Am.Jur.,, Searches and Seizures, Sec. 3; Cornelius, Search . . .

JAMES B. NORTH, SR. v. STATE OF FLORIDA, 159 Fla. 854 (Fla. 1947)

. . . Section 933.07 Florida Statutes 1941 provides that “The judge or magistrate, upon examination of the . . .

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.). . . .

MANUEL CARLOS v. THE STATE OF FLORIDA, 155 Fla. 740 (Fla. 1945)

. . . In support of these contentions counsel cites Sections 933.04, 933.06 and 933.07 F.S. and also one of . . .

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

. . . The Circuit Judge, in his opinion, lays emphasis on the last clause of this Section 933.07, above quoted . . .