Florida State Statue Search Warrants

Chapter 933, Florida State Statute Search Warrants

General Order 170: Criminal Investigations

General Order 173: Searches

Accreditation References

• CFA Ver. 5; Chapter 15

Supporting Forms

Key Word(s) Index

3.01 Policy

This policy is established to provide guidelines for drafting search warrants specifically for the Criminal Investigations Division.

3.10 Drafting the Warrant

• A. Establishing Probable Cause:
    Officers requesting a search warrant from a Judge of the Third Judicial Circuit must first establish probable cause, which may include, but is not limited to, the following scenarios:
    1. Controlled purchases of illicit narcotics, stolen property, or other contraband from the location to be searched.
    2. Reliable information received from informants, victims, or witnesses, supported through sworn statements.
    3. Tape recordings, photographs, or other tangible items of evidence that substantiate the occurrence of criminal activity at the premises in question.

• B. Warrant Composition:
    After establishing probable cause, the search warrant must be drafted, which should include the following required information:
    1. Identity of Individuals: The identity of the person(s) controlling the property to be searched must be stated. If the identity cannot be determined, the terms “John Doe” or “Jane Doe” can be used temporarily until a responsible party is identified.
    2. Directions to Premises: Detailed driving directions from a well-known intersection to the premises to be searched must be documented. For example, directions from Marion Street and US Highway 90 should indicate mileage at each turn until arrival at the premises.
    3. Description of the Place: The warrant must provide a detailed description of the place to be searched, which may include photographs of the premises, legal descriptions, GPS coordinates, and any additional descriptive information.
    4. Specific Areas of Search: Identification of specific areas within the premises to be searched must be included, along with a description of what types of items may be found in those areas.

3.20 Responsibilities of the State Attorney

• A. Warrant Review:
    Following the drafting of the search warrant, an appointment shall be made with the State Attorney for a review. The State Attorney will ensure all legal requirements are satisfied and may request further information to be included or approve the content as is.

• B. Presentation to the Judge:
    Once the warrant is approved by the State Attorney, an appointment must be made with a Judge of the Third Judicial Circuit. The judge will review the warrant, and the officer must swear an oath that the contents are accurate to the best of their knowledge and belief.

• C. Time Constraint for Execution:
    After judicial approval, the warrant must be executed within TEN (10) days from the date of issuance. This time frame includes the day the warrant is signed, which marks the first day of the ten-day period.

3.30 Service of the Warrant

• A. Determining Manpower Requirements:
    Before serving the search warrant, officers must assess the manpower needed based on their understanding of the crime, the suspects involved, and the area to be searched. Officers must ensure adequate resources are available to execute the warrant safely and efficiently.

• B. Execution Guidelines:
    Upon executing the search warrant, the following procedures should be adhered to:
    1. Officers must read the contents of the search warrant to an individual present at the location. If no responsible party is available during the search, this reading is not mandatory.
    2. After completing the search, an “Inventory Return” must be filled out and left at the premises with a responsible party. If no responsible party is present, a “Completed Return” will be left instead.
    3. Both the warrant and the completed return documentation must be submitted to the Third Judicial Clerk of the Court within TEN (10) days after the execution of the warrant.