Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 933.18 | Lawyer Caselaw & Research
F.S. 933.18 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 933.18

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. 933.18
933.18 When warrant may be issued for search of private dwelling.No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless:
(1) It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor;
(2) Stolen or embezzled property is contained therein;
(3) It is being used to carry on gambling;
(4) It is being used to perpetrate frauds and swindles;
(5) The law relating to narcotics or drug abuse is being violated therein;
(6) A weapon, instrumentality, or means by which a felony has been committed, or evidence relevant to proving said felony has been committed, is contained therein;
(7) One or more of the following child abuse offenses is being committed there:
(a) Interference with custody, in violation of s. 787.03.
(b) Commission of an unnatural and lascivious act with a child, in violation of s. 800.02.
(c) Exposure of sexual organs to a child, in violation of s. 800.03.
(8) It is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, boardinghouse, or lodginghouse;
(9) It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater products, or freshwater fish being unlawfully kept therein;
(10) The laws in relation to cruelty to animals, as provided in chapter 828, have been or are being violated therein; or
(11) An instrumentality or means by which sexual cyberharassment has been committed in violation of s. 784.049, or evidence relevant to proving that sexual cyberharassment has been committed in violation of s. 784.049, is contained therein.

If, during a search pursuant to a warrant issued under this section, a child is discovered and appears to be in imminent danger, the law enforcement officer conducting such search may remove the child from the private dwelling and take the child into protective custody pursuant to chapter 39. The term “private dwelling” shall be construed to include the room or rooms used and occupied, not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodginghouse. No warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he or she has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based.

History.s. 19, ch. 9321, 1923; s. 2, ch. 10273, 1925; CGL 8518; s. 1, ch. 57-418; s. 1, ch. 67-348; s. 1, ch. 69-18; s. 1, ch. 74-318; s. 1, ch. 78-126; s. 1, ch. 78-345; s. 1, ch. 86-93; s. 1, ch. 88-298; s. 59, ch. 88-381; s. 4, ch. 93-4; s. 1576, ch. 97-102; s. 161, ch. 98-403; s. 3, ch. 2003-188; s. 3, ch. 2006-114; s. 28, ch. 2010-117; s. 3, ch. 2015-24; s. 4, ch. 2019-53.

F.S. 933.18 on Google Scholar

F.S. 933.18 on Casetext

Amendments to 933.18


Arrestable Offenses / Crimes under Fla. Stat. 933.18
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.18.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . 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. . . .

STATE v. THOMAS,, 160 So. 3d 1282 (Fla. Dist. Ct. App. 2013)

. . . Colitto, 929 So.2d 654, 656 (Fla. 4th DCA 2006); see also § 933.18(5), Fla. . . .

UNITED STATES v. GARCIA,, 809 F. Supp. 2d 1165 (N.D. Cal. 2011)

. . . . § 933.18(5) (proscribing the issuance of a warrant to search a dwelling for narcotics unless “[t]he . . .

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

. . . More specifically, Section 933.18(5), Florida Statutes, provides that a search warrant shall be issued . . .

STATE v. MORENO- GONZALEZ,, 18 So. 3d 1180 (Fla. Dist. Ct. App. 2009)

. . . . § 933.18 (specifying grounds for search of dwelling; requiring “sworn proof by affidavit ... that . . . .

STATE v. CHEN, 1 So. 3d 1257 (Fla. Dist. Ct. App. 2009)

. . . 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. . . .

DYESS, v. STATE, 988 So. 2d 146 (Fla. Dist. Ct. App. 2008)

. . . Section 933.18, Florida Statutes (2005), provides that a search warrant shall not be issued unless “( . . .

PILIECI, v. STATE, 991 So. 2d 883 (Fla. Dist. Ct. App. 2008)

. . . Bond, 341 So.2d 218, 219 (Fla. 2d DCA 1976); see also § 933.18, Fla. Stat. (2005); Pagan v. . . .

STATE v. COLITTO, 929 So. 2d 654 (Fla. Dist. Ct. App. 2006)

. . . See also § 933.18(5), Fla. . . .

MERRILL, v. STATE, 849 So. 2d 1175 (Fla. Dist. Ct. App. 2003)

. . . The issuance of a search warrant for a private dwelling is governed by section 933.18, Florida Statutes . . .

BURNETT, v. STATE, 848 So. 2d 1170 (Fla. Dist. Ct. App. 2003)

. . . . § 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 . . .

D. TRUETTE, v. STATE, 784 So. 2d 1261 (Fla. Dist. Ct. App. 2001)

. . . State, 578 So.2d 412, 413 (Fla. 2d DCA 1991), citing § 933.18(5), Fla. Stat. (1987). . . .

R. MYLOCK, v. STATE, 750 So. 2d 144 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

TITUS, v. STATE, 696 So. 2d 1257 (Fla. Dist. Ct. App. 1997)

. . . Section 933.18(8), Florida Statutes (1995) (search warrant may not be issued to search private, occupied . . .

PAZOS, v. STATE, 654 So. 2d 1000 (Fla. Dist. Ct. App. 1995)

. . . State, 538 So.2d 1340 (Fla. 1st DCA 1989), for the holding that section 933.18(5), Florida Statutes, . . .

STATE v. BILLINGTON,, 627 So. 2d 138 (Fla. Dist. Ct. App. 1993)

. . . Bond, 341 So.2d 218 (Fla. 2d DCA 1976), cert. denied, 348 So.2d 953 (Fla.1977); see § 933.18, Fla.Stat . . .

STATE v. JOHNSON,, 605 So. 2d 545 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

D. SCHMITT, v. STATE, 590 So. 2d 404 (Fla. 1991)

. . . 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 . . .

MONTGOMERY, v. STATE, 584 So. 2d 65 (Fla. Dist. Ct. App. 1991)

. . . Section 933.18(5), Florida Statutes (1990), in pertinent part provides that a search warrant for a dwelling . . .

BONILLA, v. STATE, 579 So. 2d 802 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

GETREU, v. STATE, 578 So. 2d 412 (Fla. Dist. Ct. App. 1991)

. . . .” § 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 . . .

STATE v. WARING, 557 So. 2d 687 (Fla. Dist. Ct. App. 1990)

. . . .” § 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. ( . . .

THOMPSON, Jr. v. STATE, 548 So. 2d 806 (Fla. Dist. Ct. App. 1989)

. . . Section 933.18, Florida Statutes precludes the issuance of a warrant to search a private dwelling unless . . . See Section 933.18(5), Florida Statutes. . . .

RENGKLEY, v. STATE, 538 So. 2d 1340 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .

L. BERNIE J. v. STATE, 524 So. 2d 988 (Fla. 1988)

. . . 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 . . .

STATE v. HUME, HUME, v. STATE, 512 So. 2d 185 (Fla. 1987)

. . . .; § 933.18, Fla.Stat. (1985). . . .

HOWARD, v. STATE, 483 So. 2d 844 (Fla. Dist. Ct. App. 1986)

. . . 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 . . .

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

. . . See also Section 933.18, Florida Statutes. . . .

STATE v. L. BERNIE J., 472 So. 2d 1243 (Fla. Dist. Ct. App. 1985)

. . . 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 . . .

POLSTON, v. STATE, 424 So. 2d 15 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

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

. . . Sec. 933.18(5), Fia.Stat. (1979), authorizes a search warrant for an occupied private dwelling when the . . .

STATE v. POWERS,, 388 So. 2d 1050 (Fla. Dist. Ct. App. 1980)

. . . contraband and that place described above to support issuance of the within search warrant, Section 933.18 . . .

STATE v. LASSWELL,, 385 So. 2d 668 (Fla. Dist. Ct. App. 1980)

. . . Section 933.18, Florida Statutes, explicitly prohibits the issuance of a warrant to search a private . . .

S. MASON, III, v. STATE, 375 So. 2d 1125 (Fla. Dist. Ct. App. 1979)

. . . Section 933.18, Florida Statutes, dealing specifically with issuance of search warrants for private dwellings . . .

CHURNEY, Jr. v. STATE, 348 So. 2d 395 (Fla. Dist. Ct. App. 1977)

. . . Section 933.18, Florida Statutes; Panzavecchia v. State, 201 So.2d 762 (Fla. 3d DCA 1967). . . .

STATE v. BOND, 341 So. 2d 218 (Fla. Dist. Ct. App. 1976)

. . . See Section 933.18, Florida Statutes. . . .

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). . . .

W. FILMON, v. STATE, 336 So. 2d 586 (Fla. 1976)

. . . . § 933.18 (1975), Cooper v. State, 106 Fla. 254, 143 So. 217 (1932); Pesce v. . . .

CROTEAU, v. STATE, 334 So. 2d 577 (Fla. 1976)

. . . . § 933.18 (1975); Cooper v. State, 106 Fla. 254, 143 So. 217 (1932); Pesce v. . . .

HOUSE v. STATE, 323 So. 2d 659 (Fla. Dist. Ct. App. 1975)

. . . Under Section 933.18, Florida Statutes, a warrant for the search of a dwelling may be based on reliable . . .

SWARTZ v. STATE, 316 So. 2d 618 (Fla. Dist. Ct. App. 1975)

. . . . § 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 . . .

B. LEBOWITZ, v. STATE, 313 So. 2d 473 (Fla. Dist. Ct. App. 1975)

. . . . § 933.18, F.S.A. to authorize a finding of probable cause for issuance of a search warrant by an independent . . .

STATE v. JONES,, 310 So. 2d 52 (Fla. Dist. Ct. App. 1975)

. . . . § 933.18 to require that the affiant have first-hand knowledge of the facts constituting probable cause . . .

STATE v. WOLFF, Jr., 310 So. 2d 729 (Fla. 1975)

. . . 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 . . .

STATE v. NILES,, 307 So. 2d 455 (Fla. Dist. Ct. App. 1975)

. . . the ground that an affidavit for issuance of a search warrant for a private dwelling pursuant to § 933.18 . . .

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

. . . . § 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 . . .

STATE v. ENGLISH,, 308 So. 2d 636 (Fla. Dist. Ct. App. 1975)

. . . . § 933.18 and see Wolff v. State, Fla.App.1974, 291 So.2d 15, and the cases cited therein. . . .

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

. . . 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 . . .

STATE v. COMPTON, STATE v. FRANKLIN,, 301 So. 2d 810 (Fla. Dist. Ct. App. 1974)

. . . See also Sections 933.04, 933.18, Florida Statutes. . . .

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

. . . 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 . . .

STATE v. MALONE,, 288 So. 2d 549 (Fla. Dist. Ct. App. 1974)

. . . Florida Statutes, Section 933.18, F.S.A., provides a like requisite. . . .

A. FRANKLIN, v. STATE, 285 So. 2d 32 (Fla. Dist. Ct. App. 1973)

. . . 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 . . .

FIXEL, v. STATE, 256 So. 2d 27 (Fla. Dist. Ct. App. 1971)

. . . . § 933.18 with F.S.A. § 933.06. . . .

GELIS, v. STATE, 249 So. 2d 509 (Fla. Dist. Ct. App. 1971)

. . . . § 933.18, F.S.A., is applicable in our determination of the validity of the warrant since it was appellant . . .

STATE v. BELL, 249 So. 2d 748 (Fla. Dist. Ct. App. 1971)

. . . Section 933.18(7), Florida Statutes 1969. . . .

STATE v. CORYELL,, 247 So. 2d 87 (Fla. Dist. Ct. App. 1971)

. . . . § 933.18(6), F.S.A. . . .

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

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

UNITED STATES v. McVEAN,, 436 F.2d 1120 (5th Cir. 1971)

. . . 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 . . .

STATE v. PARNELL,, 221 So. 2d 129 (Fla. 1969)

. . . the facts outlined above upon the basis of which the search warrant was obtained, as required by § 933.18 . . .

PROKOS a k a v. STATE, 209 So. 2d 484 (Fla. Dist. Ct. App. 1968)

. . . We hold, however, on examining the affidavit, that it amply met the requirements of the statute (§ 933.18 . . .

PARNELL, v. STATE, 204 So. 2d 910 (Fla. Dist. Ct. App. 1967)

. . . 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 . . .

E. PANZAVECCHIA, v. STATE, 201 So. 2d 762 (Fla. Dist. Ct. App. 1967)

. . . 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 . . .

WYCHE, v. STATE, 178 So. 2d 875 (Fla. Dist. Ct. App. 1965)

. . . We have studied the evidence in this case, as well as the law on search warrants, including Section 933.18 . . .

BAKER, v. STATE, 150 So. 2d 729 (Fla. Dist. Ct. App. 1963)

. . . 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 . . .

LEVESON, Jr. v. STATE, 138 So. 2d 361 (Fla. Dist. Ct. App. 1962)

. . . 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 . . .

CHACON, v. STATE, 102 So. 2d 578 (Fla. 1957)

. . . . § 933.18, supra, mean that the person making the Affidavit must therein swear that he, or she, has . . .

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

. . . . § 933.18, F.S.A., requires that no warrant for the search of any private dwelling shall issue except . . .

ESPINOLA, v. STATE, 82 So. 2d 601 (Fla. 1955)

. . . Constitution,, F.S.A. and that the affidavit, considered as a whole, complied with the inhibition of Sec. 933.18 . . .

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

. . . 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 . . .

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

. . . The grounds for issuance are set forth in Sections 933.02 and 933.18 of that Chapter. . . .