Florida/Georgia Personal Injury & Workers Compensation

...ord, county judges, justices of the peace and committing magistrates having jurisdiction within the district where the place or thing to be searched may be. Section 933.01 F. S. 1941. The “grounds for issuance” are set forth in the next Section, 933.02, but offenses against municipal ordinances are not mentioned....

...by appellant, must be answered in the negative. Our statutes providing for and regulating the issuance, execution and return of search warrants are contained in Chapter 933 of Florida Statutes 1941. The grounds for issuance are set forth in Sections 933.02 and 933.18 of that Chapter....

...Section 933.01 F.S.A., authorizes a search warrant to be issued by "any judge", which includes a Circuit Judge, Criminal Court of Record Judge, County Judge, Justice of the Peace, committing magistrate within his limited jurisdiction, or a judge of any Court of Record. F.S. Section 933.02 F.S.A....

...The trial judge ruled that while the officers did not have probable cause to obtain a search warrant prior to appellant's return to the motel during the stakeout, once he returned, based upon their personal observations and the information received from their sources, there was probable cause to believe, as required by Section 933.02(4)(c), Florida Statutes (1979), that an illegal substance was "being held or possessed." Although this case does not involve — as did Aguilar v....

...searches because it enacted section 933.07(2), authorizing area-wide search warrants. That section provides: (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) or (e), 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....

...or trees destroyed under the citrus canker eradication program, the provisions of that law do not apply here. Instead, the Legislature adopted a per-tree compensation allotment for destroyed trees. See § 581.1845. [6] The order actually states that section 933.02 is declared unconstitutional, but the rationale in the order applies to section 933.07(2)....

...tate Constitution. Because this case involves search warrants, not subpoenas, the issue really turns on the content of the search warrant statutes. [9] Nothing in any statute purports to limit the use of search warrants in regard to medical records. Section 933.02(3) expresses no limitations as to the kind of property that may be had by a search warrant. To the contrary, section 933.02(3)'s term any property self-evidently includes medical records because of the absence of any limiting text....

...This means that Judges are not free to reconstruct statutes dealing only with subpoenas and extend them to cover search warrants as well. The issuance of these search warrants was based on a finding by a Judge that the medical records to be seized were relevant to the commission of a felony being investigated by the State. § 933.02(3), Fla....

...[hereinafter referred to as subpoena statutes] [8] And so, when we refer to the medical records subpoena statutes, or just the subpoena statutes, we refer only to the subdivisions dealing with subpoenas of medical records. [9] See § 933.07(1), Fla. Stat. (2003) (providing for issuance of search warrants); § 933.02(3), Fla....

...y for the seizure of property or things, not of a person. However, chapter 933 specifically contemplates searches of persons. See §§ 933.04, 933.07. Section 933.07 provides for warrants "to search ... the person named, for the property specified." Section 933.02(3) provides for a search warrant "[w]hen any property constitutes evidence relevant to proving that a felony has been committed." We conclude that since fingerprints, when taken, are property, the search of a person for fingerprints (i...

...ned by means of compulsion. While defendant additionally argues that the affidavit pursuant to which the search warrant was issued was factually deficient and contained unsupported assertions, we conclude that the affidavit was sufficient to fulfill section 933.02(3) and the first two requirements under Hayes as quoted above....

...950, 954 (10th Cir.2005). State v. Rabb, 920 So.2d 1175, 1180-81 (Fla. 4th DCA 2006) (alterations in original). A search warrant for property may be issued "[w]hen any property constitutes evidence relevant to proving that a felony has been committed." § 933.02(3), Fla....

...and road conditions, see id., that is not the standard for probable cause in order to issue a search warrant. A magistrate may issue the search warrant "[w]hen any property constitutes evidence relevant to proving that a felony has been committed." § 933.02(3), Fla. Stat. (emphasis added). Excessive speed is a major factor in finding the crime of vehicular homicide occurred and therefore is relevant to proving the felony was committed, as required by section 933.02(3)....

...use testing." Sambrine, 386 So.2d at 548. However, Florida's implied consent statute does not expressly prohibit obtaining blood by search warrant, or otherwise indicate any intent to invalidate judicial authority to issue a warrant as authorized in section 933.02, Florida Statutes....

...y obtain blood via search warrant, when authorized to do so by the search warrant statute, independent from the implied consent statute. Search Warrant Statute The trial court also found that the blood draw was not authorized by the warrant statute, section 933.02, Florida Statutes, because blood is not "property" used as a "means to commit" a crime....

...h warrant did not set forth Geiss's complete record, and only averred that Geiss possessed one prior DUI conviction. So, the affidavit alleged probable cause to believe that Geiss had violated the misdemeanor DUI statute. This is significant because section 933.02, Florida Statutes, only allows the state to secure a warrant to seize "property... used as a means to commit" a misdemeanor. § 933.02(2)(a), Fla. Stat. (2010). By contrast, the statute also authorizes the state to secure a warrant for "property [that] constitutes evidence relevant to proving that a felony has been committed." § 933.02(3), Fla....

...348, 17 So.2d 697, 701 (1944); Crain v. State, 914 So.2d 1015, 1020 (Fla. 5th DCA 2005) (en banc), we agree with the trial court that blood cannot be drawn based upon probable cause that a suspect has committed misdemeanor DUI in light of the plain language of section 933.02, Florida Statutes....

...ON MOTION FOR REHEARING AND CERTIFICATION PER CURIAM. We deny the State's motion for rehearing, but grant its motion to certify the following question pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), as one of great public importance: DOES SECTION 933.02(2)(a), FLORIDA STATUTES, PRECLUDE LAW ENFORCEMENT OFFICERS FROM SECURING A WARRANT FOR A BLOOD DRAW IN MISDEMEANOR CASES INVOLVING AN ALLEGATION THAT A SUSPECT HAS DRIVEN WITH AN UNLAWFUL BLOOD ALCOHOL LEVEL? REHEARING DENIED; QUESTION CERTIFIED....

...217 (1932); Panzavecchia v. State, Fla.App. 1967, 201 So.2d 762. The legislature has expressed a particular regard for the necessity of careful compliance with the law when a private dwelling as distinguished from other buildings is to be searched. Fla. Stat. section 933.02, F.S.A., sets forth the grounds for issuance of a search warrant, but section 933.18 provides special conditions under which a search warrant may be issued for a private dwelling....

...Of course circuit judges have authority to issue search warrants when they have jurisdiction "within the district where the place, vehicle or thing to be searched may be." Section 933.01 , Florida Statutes 1941, F.S.A. And the stated grounds for the issuance of these search warrants were also sufficient. Section 933.02 , Florida Statutes, 1941, F.S.A....

...nying the writ of prohibition evidently considered that this question should be answered in the affirmative, but, if so, we must disagree. We turn now to the chapter of Florida Statutes, 1941, dealing with search warrants — chapter 933, F.S.A. Section 933.02 provides inter alia, that a search warrant may be issued when any property shall have been used "in violation of any of the laws prohibiting the manufacture, sale and transportation of intoxicating liquors." Section 933.04 provides tha...

...and have it quashed. See generally Dean v. State, 478 So.2d 38 (Fla.1985). Obtaining a search warrant, however, requires a higher threshold of proof. The state must show probable cause that the records are relevant to the commission of a crime. See § 933.02(3), Fla....

...The defendants argue next that the trial court properly ruled the search warrant to be invalid because the state should have used the less intrusive means of issuing a subpoena duces tecum in an effort to obtain the evidence of ownership. This argument has no support in the statutory or case law. Section 933.02 of the Florida Statutes (1987) states that "upon proper affidavits being made a search warrant may be issued under the provisions of this chapter ......

...resting officer in a DUI case can realistically secure a search warrant expeditiously, especially in the middle of the night, is questionable. And, in Florida, by statute, a warrant is generally not available in a misdemeanor drunk driving case. See § 933.02, Fla....

...Woldridge, 958 So.2d 455, 458 (Fla. 2d DCA 2007). It was the reviewing court that failed to apply the proper standard, one of "great deference," to the original judge's determination. See Spinelli v. United States, 393 U.S. 410, 419, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Section 933.02(3), Florida Statutes, provides that a search warrant for property may be issued "[w]hen any property constitutes evidence relevant to proving that a felony has been committed." Before a court can issue a search warrant, *128 however, "...

...11 A.L.R.3d 1330 , 1343-1344 (1969). The rules stated in Fance v. State, Fla.App.1968, 207 So.2d 331, 333 , are well settled. A search warrant must conform strictly to the statutory • requirements, and must particularly describe the place to be searched. See § 933.18 and § 933.02, Fla....

....no search shall be made . . . after sunset, unless specially authorized by the officer issuing the warrant upon satisfactory cause shown . .” Thus, it is demonstrated that the Florida Legislature is not unaware of limiting searches to the daytime when it wants to. See Section 933.02(5), Florida Statutes (1975)....

...This being so, no probable cause was stated in the affidavit for the seizure of this clothing, the search and seizure of the clothing was unreasonable, and the clothing was properly suppressed as being inadmissible in evidence. See United States v. Thompson, 612 F.2d 233 (6th Cir.1979); § 933.02(3), Fla.Stat....

...nization [RICO] statute. 6 The RICO violation, itself a felony, may be predicated on misdemeanor offenses of prostitution. 7 The Sheriff expressly based his search warrant on section 938.02, Florida Statutes (1991). Only subsections (2)(a) and (3)of section 933.02 are even theoretically applicable....

...Because the crime thus charged is a misdemeanor rather than a felony, however, the property seized must be more than merely relevant. It must actually be used to commit the crime. As these expressive materials are incapable of being used to commit the crime of lewdness, it is obvious that the warrant does not comply with section 933.02(2)(a), and for that reason alone the property should have been returned....

limitation. And while the State clings to section 933.02, Florida Statutes (2019), for life support