Florida State Statute Search Warrants

Chapter 933: Search Warrants

General Order and Accreditation References

  • General Order 170: Pertains to Criminal Investigations.

  • General Order 173: Related to Searches.

  • Accreditation References: CFA Ver. 5; specifically Chapter 15.

Policies and Responsibilities

3.01 Policy

  • Establishes guidelines for drafting search warrants for the Criminal Investigations Division.

3.10 Drafting the Warrant

  • A. Establishing Probable Cause:
      - Officers must establish probable cause before requesting a Judge of the Third Judicial Circuit to issue a search warrant. Probable cause may include:
        1. Controlled purchases of illicit narcotics, stolen property, etc., from the location to be searched.
        2. Reliable information from informants, victims, or witnesses via sworn statements.
        3. Tangible evidence such as tape recordings or photographs indicating criminal activity at the premises.

  • B. Required Information in Warrant Draft:
      - Must include the following:
        1. Identity of the person(s) in charge of the place to be searched; if not known, use "John or Jane Doe".
        2. Driving Directions: from a major intersection to the search premises, with mileage noted for each turn.
        3. Description of Place: Detailed description including photographs, legal descriptions, and GPS location.
        4. Specific Areas to be Searched: Along with descriptions of expected findings in these areas.

3.20 Responsibilities of the State Attorney

  • A. Review Process:
      - The draft warrant is reviewed by the State Attorney to ensure compliance with legal requirements; additional info might be required.

  • B. Approval Process:
      - After approval, an appointment with the Judge is made to proofread the warrant. The officer swears the contents are true to the best of their knowledge.

  • C. Time Constraints:
      - The warrant must be served within TEN (10) days of issuance, including the day of signing as day one.

3.30 Service of the Warrant

  • A. Manpower Considerations:
      - Determine manpower needs based on crime knowledge, suspects, and the area to ensure safe and efficient execution of the warrant.

  • Execution Guidelines:
      1. Officers read the warrant to a responsible party present at the time of execution. If none is present, reading is not necessary.
      2. An “Inventory Return” is completed and left at the premises with a responsible party or on-site otherwise.
      3. The warrant and the completed return are to be filed with the Third Judicial Clerk of the Court within TEN (10) days of execution.

Legal Provisions and Grounds for Search Warrants

933.01: Competent Issuers of Search Warrants

  • Search warrants can be issued by any Judge, including the committing judge of the trial court having jurisdiction where the search venue is located.

933.02: Grounds for Issuance of a Search Warrant

  • Search warrants may be issued based on proper affidavits under the following conditions:
      1. Property stolen or embezzled.
      2. Property used:
         - a. In connection to any crime.
         - b. In gambling-related activities.
         - c. In violation of obscenity laws.
      3. Property as evidence relevant to a felony.
      4. Property being held in violation of laws regarding liquor, fish and game laws, food and drug laws, related to citrus disease, or cruelty to animals.

  • Papers or documents aiding in the commission of any offense are also included.

933.03: Destruction of Obscene Prints and Literature

  • Officers executing a search warrant for obscene items must keep these items as evidence and destroy them following court order after the case is resolved.

933.04: Affidavits for Search Warrants

  • The right to be secure against unreasonable searches requires that no warrant is issued without probable cause, supported by oath and a specific description of the place and items involved.

933.05: No Issuance in Blank

  • Warrants must not be issued in blank.
      - If a search warrant is issued for a computer or electronic device in police possession, it must be returned within 45 days.

933.06: Sworn Application Requirement

  • Judges must receive a sworn application before issuing a warrant and can call further witness testimony to support the application.

933.07: Issuance of Search Warrants

  • Upon verification of probable cause:
      1. Judges shall issue a search warrant signed by them.
      2. The Department of Agriculture may obtain search warrants for extensive areas based on specified grounds in s. 933.02(4)(d). A court hearing appears necessary before issuing such a warrant.
      3. Judges may use electronic signatures for warrants if submitted electronically following specific guidelines.
      4. A warrant is issued at the time of the judge's signature.

933.08: Service by Designated Officers

  • Warrants must be served by mentioned officers; others may only assist.

933.09: Breaking and Entering Authority

  • Officers can break open doors and windows to execute a warrant if entry is refused after announcing authority.

933.10: Execution Timing

  • Search warrants may be executed at any time if explicitly authorized by the judge.

933.11: Duplicate Warrant Issuance

  • All search warrants must be issued in duplicate, with copies delivered to the officer serving the warrant.

933.12: Return and Inventory

  • Upon returning a warrant, a detailed inventory of property taken must be included, verified by affidavit from the executing officer.

933.13: Access to Inventory Copy

  • Upon request, judges must provide a true copy of the inventory to the claimant of the seized property.

933.14: Return of Seized Property

  • Property returned by order of the judge if not matching the warrant's description or probable cause is lacking, with considerations for contraband which cannot be returned under any circumstances.

933.15: Obstruction Penalty

  • Obstructing an officer in serving a warrant constitutes a misdemeanor of the first degree.

933.16: Maliciously Procuring a Warrant Penalty

  • Any malicious procurement of a warrant without probable cause constitutes a misdemeanor of the first degree.

933.17: Exceeding Authority Penalty

  • Over-executing or using unnecessary force while serving a warrant is a misdemeanor of the second degree.

933.18: Conditions for Private Dwelling Search Warrants

  • Warrants for private dwellings can only be issued if specific conditions such as unlawful activities regarding liquor, gambling, or theft are met and must follow strict affidavit requirements.

933.19: Searches and Seizures of Vehicles

  1. Follows Supreme Court rulings on searches of vehicles carrying contraband.
  2. Ensures that admissibility of evidence aligns with these rulings regarding police authority in such cases.

Inspection Warrants

933.20: Definition of Inspection Warrant

  • An inspection warrant is a written order signed by the competent person aimed at conducting inspections authorized by state law pertaining to various standards.

933.21: Requirements for Inspection Warrant Issuance

  • Issuance based on cause supported by affidavit, especially when consent for inspection is refused.

933.22: Conditions for Cause Existence

  • Reasonable legislative standards or evidence of nonconformity is necessary for cause to exist.

933.23: Examination of Applicant

  • The judge must examine oath-bound applicants before issuance.

933.24: Contents of Inspection Warrant

  • The warrant must clearly describe the premises and purpose of inspection.

933.25: Duration of Warrant

  • Valid for a maximum of 14 days, allowing for renewal upon sufficient justification.

933.26: Conduct of Inspections

  • Inspections should not occur during certain hours or in the absence of an owner unless authorized, focusing on immediate threats.

933.27: Refusal to Permit Inspections Penalty

  • Refusal to allow inspections results in a misdemeanor of the second degree penalty.

933.28: Maliciously Causing Inspections Penalty

  • Causing issuance of an inspection warrant maliciously without cause leads to a misdemeanor of the second degree.

933.29: Agency Powers Unrestricted

  • This statute does not limit the powers of state agencies regarding inspections under general law.

933.30: Restrictions on Inspector Confidentiality

  • Inspectors must not disclose confidential informant information without following proper procedures for criminal search warrants.

Agriculture Warrants

933.40: Definition of Agriculture Warrants

  • An agriculture warrant allows authorized agricultural department personnel to perform inspections, tests, and control pests as outlined in related chapters.

933.41: Issuance and Execution Conditions for Agriculture Warrants

  • Agriculture warrants require probable cause conditions similar to other search warrants and must specify the terms of pest control action.