CopyCited 31 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 957
...ot only the building described but the adjacent dwelling, both being occupied by the same tenant? It appears that the information filed below was drafted under the provisions of Section
562.32, F.S.A. See Harris v. State,
160 Fla. 720,
36 So.2d 372. Section
933.04, F.S.A., provides: "The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued, except on probable cause, sup...
CopyCited 22 times | Published | Florida 1st District Court of Appeal
...The trial court therefore committed error in refusing to quash the affidavit and warrant, and to suppress the evidence seized during the search. The judgment appealed from is accordingly reversed and the cause remanded for further proceedings. STURGIS, C.J., and CARROLL, DONALD, J., concur. NOTES [1] F.S. § 933.04, F.S.A....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal
...ral law and State law. Thus, under Rule 41(c), Federal Rules of Criminal Procedure, a search is permitted only after issuance of a search warrant by a judge or commissioner "identifying the property", among other things. And our State Statutes, F.S. § 933.04 F.S.A., provides that "The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no search warrant shall be issued except upon probable cause, supp...
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...commission of a crime; (3) when the property is being held in violation of liquor laws, fish and game laws, or the laws relative to food and drug; and (4) when the laws relative to cruelty to animals are being violated in any building or place. F.S. Section 933.04 F.S.A....
CopyCited 16 times | Published | Supreme Court of Florida | 159 Fla. 854, 1947 Fla. LEXIS 974
...n the search warrant issued by the Circuit Judge the property was described as “gambling implements and devices used for the purpose of gaming and gambling.” In our view, either description was sufficient. See Church et al. v. State, supra. *857 Section 933.04 Florida Statutes, 1941 provides that “no search warrant shall be issued except upon probable 'cause, supported by oath or affirmation, particularly describing the ....
CopyCited 16 times | Published | Supreme Court of Florida
...Our conclusion here reached is not to be construed as being at variance with that rule. Further implementing the provisions of the Florida Constitution, the Legislature has enacted the other provisions of Chapter 933, Florida Statutes, F.S.A., governing the issuance and execution of search warrants. Among these provisions is Section 933.04, Florida Statutes, requiring an affidavit to support the issuance of a warrant....
CopyCited 13 times | Published | Supreme Court of Florida | 2004 WL 1171315
...place at said residence if any alcoholic beverage or drug is possessed or consumed ... by a minor ... and where the adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.") (emphasis added); § 933.04, Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 2002 WL 31600039
...place at said residence if any alcoholic beverage or drug is possessed or consumed... by any minor ... and where the adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.") (emphasis added); § 933.04, Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...Cross,
487 So.2d 1056 (Fla. 1986); see State v. Dodd,
419 So.2d 333 (Fla. 1982). Weapons seized pursuant to an improperly issued search warrant are inadmissible as proof of both substantive charges and charges directed to the violation of Vasquez's probation. Section
933.04, Florida Statutes (1983), provides that "no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized." Thus, the...
CopyCited 10 times | Published | Supreme Court of Florida | 2002 WL 31519926
...e place at said residence if any alcoholic beverage or drug is possessed or consumed... by a minor ... and where the adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.") (emphasis added); § 933.04, Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 489
...A subsequent search of appellant's apartment produced over 100 pounds of marijuana located in a closet. The trial court found that the officer's signing of the affidavit was an oath and denied appellant's motion to suppress the fruits of the search. Section 933.04, Florida Statutes (1983), [1] requires that no search warrant shall issue unless upon probable cause supported by oath or affirmation....
...Accordingly, we reverse appellant's conviction and remand to the trial court for a new trial. We have reviewed appellant's other points on appeal and find no merit to them. Reversed and remanded. LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur. NOTES [1] Section 933.04, Florida Statutes (1983), provides: Affidavits....
CopyCited 6 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1353
...#8212; 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 that "no search warrant shall be issued except upon probable cause, * * * particularly describing the place to be searched and the person and thing to be seized." But if the name of the person is not known, no name is required in the search warrant....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...s readily ascertainable] rendered the search warrant invalid. An examination of the affidavit and search warrant indicates they met the statutory requirements. See: Church v. State,
151 Fla. 24,
9 So.2d 164; Harvey v. Drake, Fla. 1949,
40 So.2d 214; §
933.04, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1530497
...ing the search was not stale. [5] The issue of staleness was decided in a context where the underlying sexual misconduct had been ongoing for many years and the evidence about the digital photographs in the computer was about eight months old. Under section 933.04, Florida Statutes (2001), the magistrate used this evidence to determine the existence of probable cause, not to determine a fact beyond reasonable doubt....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10774, 2016 WL 3745378
...y for an involuntary mental health examination under Florida’s Baker Act.” Keck v. Seminole Cty. Sheriff’s Office,
2010 WL 2822011 , at *2 n. 6 (M.D.Fla. July 16, 2010). Accordingly, section
938.04, and thus the Administrative Order addressing section
933.04, did not require or permit the Sheriff to retain Appellant’s firearms in response to a safety call'which did not result in a criminal investigation or charges....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 405275
...The court nevertheless agreed with the predecessor judge that there was no admissible evidence to support a finding of probable cause for forfeiture of the $18,800, and directed that it be returned to Millender. Turning first to the sufficiency of the search warrant, section 933.04, Florida Statutes (1993), provides that "no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized." [4] We con...
...issuance of a search warrant unless supported by an oath or affirmation establishing probable cause and describing with particularity the place to be searched and the person and things to be seized. U.S. Const. amend. IV; Art. I, § 12, Fla. Const.; § 933.04, Fla....
...AFFIDAVIT FOR A SEARCH WARRANT PROVIDES THAT THE AFFIANT BELIEVES THE PREMISES INTENDED TO BE SEARCHED ARE BEING USED FOR THE PURPOSE OF VIOLATING LAWS RELATING TO POSSESSION AND SALE OF CANNABIS, DOES THIS STATEMENT ALONE SATISFY THE REQUIREMENT OF SECTION 933.04, FLORIDA STATUTES, AND OF THE UNITED STATES AND FLORIDA CONSTITUTIONS, THAT THE THING TO BE SEIZED MUST BE DESCRIBED IN AN AFFIDAVIT WITH PARTICULARITY, SO AS TO AUTHORIZE THE SEIZURE OF CANNABIS? NOTES [1] We consolidate these appeals for the purpose of issuing one opinion....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Pesce is quoted in this report as having said that he has several people who play cards regularly at his home and that some of these players have flashed quite a bit of money around at times." (Paragraph numbers supplied.) Simply stated, the affidavit does not reflect probable cause under Section 933.04, F.S....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...We conclude that sufficient personal knowledge was alleged in the affidavit to support the issuance of the search warrant by the magistrate. Finally, we discuss the point raised by appellant that the search warrant did not describe, with sufficient particularity, the place to be searched as required by Section 933.04, Florida Statutes, F.S.A., the Fourth and Fourteenth Amendments to the United States Constitution and Section 12 of the Declaration of Rights of the Florida Constitution, F.S.A....
CopyCited 2 times | Published | Supreme Court of Florida | 1996 WL 681387
...to be seized with sufficient particularity and that therefore the evidence seized should be suppressed. For a search warrant to be valid it must set forth with particularity the items to be seized. U.S. Const. amend. IV; Art. I, § 12, Fla. Const.; § 933.04, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1979 Fla. App. LEXIS 15649
...See State v. Jacobs,
320 So.2d 45 (Fla. 2d DCA 1975); State v. Knapp,
294 So.2d 338 (Fla. 2d DCA 1974). Here, however, appellant relied solely on the failure of the affidavit to affirmatively allege a constitutional view. We find no requirement in Section
933.04, Florida Statutes, or in the cases construing it, that an affidavit for a search warrant must negate every possible attack upon it....
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 620, 1989 Fla. App. LEXIS 1184
...residence it was. An affidavit for a search warrant must be sufficient on its face. Younger v. State,
433 So.2d 636 (Fla. 5th DCA), rev. denied,
440 So.2d 354 (Fla.1983). The description of the place to be searched is one of the essential elements. Section
933.04 provides: The right of the people to be secure in their persons, houses, papers and effects against - unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported...
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5736
...the sentences were properly imposed. As to the first point, the defendants contend that the search warrant was not legally sufficient because it failed to name or describe the person or persons alleged to have been violating the laws of this state. Section 933.04, Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 426, 1991 WL 6003
...However, a defective warrant can be cured by an affidavit which is referenced in the warrant and which is physically attached to the warrant. State v. Carson,
482 So.2d 405 (Fla. 2d DCA 1985), rev. denied,
492 So.2d 1330 (Fla.1986). For both reasons, we think the search warrant was legally sufficient in this case. Section
933.04, Florida Statutes (1989) requires that a search warrant be issued only if probable cause is established with “oath or affirmation particularly describing the place to be searched and the person and thing to be seized.” That was done in this case....
