The 2023 Florida Statutes (including Special Session C)
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. . . Additionally, section 933.18, Florida Statutes, states that "[n]o warrant shall be issued for the search . . . See id. ; §§ 933.06, 933.18, Fla. Stat. . . .
. . . Colitto, 929 So.2d 654, 656 (Fla. 4th DCA 2006); see also § 933.18(5), Fla. . . .
. . . . § 933.18(5) (proscribing the issuance of a warrant to search a dwelling for narcotics unless “[t]he . . .
. . . More specifically, Section 933.18(5), Florida Statutes, provides that a search warrant shall be issued . . .
. . . . § 933.18 (specifying grounds for search of dwelling; requiring “sworn proof by affidavit ... that . . . .
. . . He contended that pursuant to section 933.18(5), Florida Statutes (2004), the search of a residence may . . . Section 933.18, Florida Statutes On appeal, the State briefly addressed the argument that Fijnje made . . . in the trial court relating to section 933.18, Florida Statutes (2004). . . . The Fourth District concluded that the affidavit did not satisfy section 933.18(5). . . . Under these circumstances, the requirements of section 933.18(5) were satisfied. . . .
. . . Section 933.18, Florida Statutes (2005), provides that a search warrant shall not be issued unless “( . . .
. . . Bond, 341 So.2d 218, 219 (Fla. 2d DCA 1976); see also § 933.18, Fla. Stat. (2005); Pagan v. . . .
. . . The issuance of a search warrant for a private dwelling is governed by section 933.18, Florida Statutes . . .
. . . . § 933.18(10), Fla. Stat. (1999). . . . affidavit and search warrant in this case cannot withstand scrutiny under the test of case law, section 933.18 . . .
. . . State, 578 So.2d 412, 413 (Fla. 2d DCA 1991), citing § 933.18(5), Fla. Stat. (1987). . . .
. . . as expressly required by Article I, section 12 of the Florida Constitution and sections 933.06 and 933.18 . . . the express language in Article I, section 12, of the Florida Constitution and sections 933.06 and 933.18 . . . (Fla. 3d DCA 1995), and has done so by enacting the affidavit requirements in sections 933.06 arid 933.18 . . .
. . . Section 933.18(8), Florida Statutes (1995) (search warrant may not be issued to search private, occupied . . .
. . . State, 538 So.2d 1340 (Fla. 1st DCA 1989), for the holding that section 933.18(5), Florida Statutes, . . .
. . . Bond, 341 So.2d 218 (Fla. 2d DCA 1976), cert. denied, 348 So.2d 953 (Fla.1977); see § 933.18, Fla.Stat . . .
. . . offered several reasons for doing so, one of which was that the warrant was insufficient under section 933.18 . . . business whose purpose is to make sales, we conclude that the warrant was properly issued under section 933.18 . . .
. . . Of course, the state also must honor the warrant requirements of section 933.18, Florida Statutes (1987 . . . Bond, 341 So.2d 218 (Fla. 2d DCA 1976); see § 933.18, Fla.Stat. (1989); Fla.R.Crim.P. 3.190(h)(1) (1990 . . .
. . . Section 933.18(5), Florida Statutes (1990), in pertinent part provides that a search warrant for a dwelling . . .
. . . The issuance of a search warrant for a private home is governed by Section 933.18 of the Florida Statutes . . . Section 933.18 provides, inter alia, that no search warrant shall issue to search any private dwelling . . . Thus, we hold that the affidavit failed to comply with the requirements of section 933.18. . . . We also hold that since section 933.18 specifically states that proof by affidavit is required, Judge . . .
. . . .” § 933.18(5), Fla.Stat. (1987); see State v. Bernie, 472 So.2d 1243, 1245-46 (Fla. 2d DCA 1985). . . . This argument, however, overlooks the affidavit requirement of section 933.18(10), Florida Statutes ( . . . Subsection 933.18(5) prohibits the issuance of a search warrant to search a private dwelling unless “ . . . Subsection 933.18(10) prohibits the issuance of a warrant for a dwelling unless the affidavit contains . . .
. . . .” § 933.18(6), Fla.Stat. (1987). . . . Additionally, the Thompson court did not consider section 933.18(6), which permits a search for the instruments . . . State, 483 So.2d 844 (Fla. 1st DCA), rev. denied, 494 So.2d 1153 (Fla.1986); § 933.18(5), Fla.Stat. ( . . .
. . . Section 933.18, Florida Statutes precludes the issuance of a warrant to search a private dwelling unless . . . See Section 933.18(5), Florida Statutes. . . .
. . . Constitution prohibits issuance of a warrant for service at a future time,” id., nonetheless, section 933.18 . . . the type of in futuro allegation for a warrant that the legislature intended to prohibit by [section 933.18 . . . The affidavit and search warrant transgressed the requirement of section 933.18(5) that it be shown that . . . appellant’s home in light of the affidavit’s and warrant’s express departure from requirements of section 933.18 . . .
. . . Section 933.18, Florida Statutes (1983), concerns the issuance of a search warrant for a private home . . . and provides: 933.18 When warrant may be issued for search of private dwelling. — No search warrant . . . In Gerardi, the Fourth District Court of Appeal held that section 933.18 “not only does not authorize . . . We must, however, consider the effect of section 933.18. . . . Section 933.18 requires issuance of a warrant for the entry into a private dwelling. . . . In my view, the evidence was illegally obtained under section 933.18, Florida Statutes, (1985), and therefore . . . The bottom line of the majority’s decision is its construction of section 933.18 to permit the issuance . . . cause, but rather the warrant and affidavit failed to meet the clear and express requirement of section 933.18 . . . That statute reads: 933.18 When warrant may be issued for search of private dwelling. — No search warrant . . . conditions exists, which affidavit shall set forth the facts on which such reason for belief is based. § 933.18 . . .
. . . .; § 933.18, Fla.Stat. (1985). . . .
. . . Section 933.18, Florida Statutes, provides that a search warrant shall not be issued for the search of . . . Bernie, 472 So.2d 1243 (Fla. 2d DCA 1985), the court stated: In strictly construing section 933.18, as . . . In Bernie, the court found that the supporting affidavit was insufficient, under section 933.18, because . . . Bernie, the supporting affidavit clearly failed to set forth the proper allegations pursuant to section 933.18 . . . supporting substantial basis for the search of a home, especially in light of the requirements of section 933.18 . . .
. . . See also Section 933.18, Florida Statutes. . . .
. . . State, 307 So.2d 853 (Fla. 4th DCA 1975), and section 933.18, Florida Statutes (1983), to support their . . . The issuance of a search warrant for a private home is governed by section 933.18, Florida Statutes ( . . . In strictly construing section 933.18, as we must, we find that the requirements of this section are . . . The affidavit, therefore, does not comply with the requirement of section 933.18(5) in that it fails . . .
. . . cause to believe that appellant’s residence harbored evidence of criminal activity as delineated in § 933.18 . . . A search warrant in this case should not have issued, see § 933.18, Florida Statutes, and the trial court . . .
. . . Sec. 933.18(5), Fia.Stat. (1979), authorizes a search warrant for an occupied private dwelling when the . . .
. . . contraband and that place described above to support issuance of the within search warrant, Section 933.18 . . .
. . . Section 933.18, Florida Statutes, explicitly prohibits the issuance of a warrant to search a private . . .
. . . Section 933.18, Florida Statutes, dealing specifically with issuance of search warrants for private dwellings . . .
. . . Section 933.18, Florida Statutes; Panzavecchia v. State, 201 So.2d 762 (Fla. 3d DCA 1967). . . .
. . . See Section 933.18, Florida Statutes. . . .
. . . Stat., Secs. 933.02, 933.18; cf. Joyner v. State, 303 So.2d 60 (1 DCA Fla.1974). . . .
. . . . § 933.18 (1975), Cooper v. State, 106 Fla. 254, 143 So. 217 (1932); Pesce v. . . .
. . . . § 933.18 (1975); Cooper v. State, 106 Fla. 254, 143 So. 217 (1932); Pesce v. . . .
. . . Under Section 933.18, Florida Statutes, a warrant for the search of a dwelling may be based on reliable . . .
. . . . § 933.18, dealing with search warrants for the search of a private dwelling, provides in material part . . . Appellants counter by calling to our attention that F.S. § 933.06 (as well as F.S. § 933.18) was passed . . . As already stated, Florida courts have construed “sworn proof by affidavit” as contained in F.S. § 933.18 . . .
. . . . § 933.18, F.S.A. to authorize a finding of probable cause for issuance of a search warrant by an independent . . .
. . . . § 933.18 to require that the affiant have first-hand knowledge of the facts constituting probable cause . . .
. . . That court construed Section 933.18, Florida Statutes, to require that “the creditable witness must himself . . . construction by the Third District Court was neither intended by our legislature in adopting Section 933.18 . . . We find that the term as used in Section 933.18, Florida Statutes, refers only to the truthfulness and . . . In this regard, it is interesting to note that even though the wording of Section 933.18 has remained . . . In conclusion, we reiterate that nothing in the language of Section 933.18, Florida Statutes, or prior . . .
. . . the ground that an affidavit for issuance of a search warrant for a private dwelling pursuant to § 933.18 . . .
. . . . § 933.18, F.S.A., restricts the issuance of a search warrant for the search of a private dwelling to . . . hold that the shell casings constitute an “instrumentality or means” within the meaning of Fla.Stat. § 933.18 . . .
. . . . § 933.18 and see Wolff v. State, Fla.App.1974, 291 So.2d 15, and the cases cited therein. . . .
. . . The question involved here is whether § 933.18(5), F.S.1971, prohibits the issuance of a search warrant . . . In Florida issuance of a search warrant for a private dwelling is governed by § 933.18, F.S.1971, which . . .
. . . See also Sections 933.04, 933.18, Florida Statutes. . . .
. . . S.A., sets forth the grounds for issuance of a search warrant, but section 933.18 provides special conditions . . . The latter statute is in pertinent part as follows: “933.18 When warrant may be issued for search of . . . that regard.” ****** Therefore, the only way to give effect to both statutes is to hold that section 933.18 . . . This portion of the affidavit did not meet the requirements of Fla.Stat. section 933.18, F.S.A., that . . .
. . . Florida Statutes, Section 933.18, F.S.A., provides a like requisite. . . .
. . . was too general as concerns the search of a private dwelling when compared to the provisions of F.S. 933.18 . . . deprivation of process, particularly since the offense in question exactly fits the definition in Section 933.18 . . .
. . . . § 933.18 with F.S.A. § 933.06. . . .
. . . . § 933.18, F.S.A., is applicable in our determination of the validity of the warrant since it was appellant . . .
. . . Section 933.18(7), Florida Statutes 1969. . . .
. . . See § 933.18 and § 933.02, Fla. Stat., F.S.A. . . .
. . . face that the police have probable cause to believe that one of specific violations enumerated in § 933.18 . . . In support of his argument, McVean points out that the Florida legislature amended § 933.18 in 1969 to . . . See Florida Statutes § 933.18, F.S.A., as amended, May 15, 1969, Laws 1969, c. 69-18, § 1. . . . The Government also points to the 1969 amendment to § 933.18 for support; the amendment, it says, was . . . The final clause of that part of § 933.18 quoted above allows the issuance of a search warrant whenever . . .
. . . the facts outlined above upon the basis of which the search warrant was obtained, as required by § 933.18 . . .
. . . We hold, however, on examining the affidavit, that it amply met the requirements of the statute (§ 933.18 . . .
. . . Under § 933.18 Fla.Stat., F.S.A., entitled “When warrant may be issued for search of private dwelling . . . stated: “ * * * We take it that the provisions quoted from section 8518, C.G.L., supra, [now section 933.18 . . .
. . . upon which the search warrant was issued for search of a dwelling house, violated the provisions of § 933.18 . . . We agree with the appellant. § 933.06 and § 933.18, Fla.Stat., F.S.A., were originally enacted at the . . . It is apparent that the Legislature was not content to rely on this general proposition as, in § 933.18 . . . to establish the grounds of the application or probable cause for believing that they exist.” . “§ 933.18 . . .
. . . We have studied the evidence in this case, as well as the law on search warrants, including Section 933.18 . . .
. . . Brown, pursuant to the provisions of § 933.18, Fla. Stat., F.S.A. . . . protecting “confidential informant” to protect one who actually executes an affidavit in accordance with § 933.18 . . . Reversed and remanded. . § 933.18, Fla.Stat., F.S.A. reads in part, as follows: “No warrant shall be . . .
. . . the premises searched; that the said search also violated the defendant’s rights as guaranteed by § 933.18 . . . McCOLLUM “AFFIANT” Section 933.18, Fla.Stat., F.S.A., provides, “no warrant shall be issued for the search . . .
. . . . § 933.18, supra, mean that the person making the Affidavit must therein swear that he, or she, has . . .
. . . . § 933.18, F.S.A., requires that no warrant for the search of any private dwelling shall issue except . . .
. . . Constitution,, F.S.A. and that the affidavit, considered as a whole, complied with the inhibition of Sec. 933.18 . . .
. . . intoxicating liquors or that stolen or embezzled property was contained therein, as provided by Section 933.18 . . . erroneously assumes that an office for the practice of medicine is such a use as set forth in Section 933.18 . . . The last paragraph of Sec. 933.18, supra, is more nearly consistent with other sections of the same chapter . . . This paragraph of Sec. 933.18 is also in perfect harmony with Sec. 22 of the Declaration of Rights of . . . So our conclusion is that insofar as the provisions of the second paragraph of Sec. 933.18, supra, conflict . . .
. . . The grounds for issuance are set forth in Sections 933.02 and 933.18 of that Chapter. . . .