Florida/Georgia Personal Injury & Workers Compensation

...n the warrant."). Here, the place to be searched was sufficiently identified on the face of the warrant. There is no requirement that the warrant identify the owner or renter of the residence by name. See Samuel v. State, 222 So.2d 3, 5 (Fla. 1969); § 933.05, Fla....

...We do not believe that any of the cases relied on by petitioner mandate such a requirement. Our state constitution requires that search warrants particularly describe the property to be seized. Art. I, § 12, Fla. Const. This constitutional mandate has been further amplified by the Florida legislature in section 933.05, Florida Statutes (1981)....

...had the ability and information to describe the property with a greater degree of particularity than he did. A valid warrant is always based on an affidavit which particularly describes the place to be searched and the person and thing to be seized. § 933.05, Fla....

...seized is valid. The United States Constitution, amend. IV, and the Florida Constitution, art. 1, § 12, F.S.A., provide that search warrants shall particularly describe the property to be seized. This constitutional command is further amplified by Section 933.05, Florida Statutes, F.S.A., which specifically prohibits the issuance of search warrants in blank and again commands that the warrant particularly describe the property or thing to be seized....

...r 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. is in statute form identical with section 22 of the Declaration of Rights, supra. F.S. Section 933.05 F.S.A....

...tioner contended at the trial and appellate levels, and here contends, that the failure of the search warrant to describe with particularity the person or persons to be searched renders it fatally defective and void ab initio under both the statute, § 933.05, Fla....

...fied to the Supreme Court so that the conflict may be resolved. NOTES [1] Sec. 933.18(5), Fla. Stat. (1979), authorizes a search warrant for an occupied private dwelling when the law relating to narcotics or drug abuse is being violated therein. [2] Section 933.05, Florida Statutes (1979), requires the warrant to name or describe "the person, place or thing to be searched......

...1971, prohibits the issuance of a search warrant based upon an affidavit which shows that there are reasonable grounds to believe contraband will be delivered to an addressee at a private dwelling on a specific future date which is within the 10 day time limit set by § 933.05, F.S....

...We also hold that the cross-appellant has failed to demonstrate reversible error. Upon a sworn affidavit by a police investigator, a judge of the criminal court of record issued a search warrant on June 1, 1970. It was executed on June 3, 1970, but the return was made on June 12, 1970. Section 933.05, Fla....

...Taylor voluntarily engaged in the criminal conduct of selling illegal drugs. Even under Mr. Taylor's hypothesis—that he should have been arrested on October 8th to prevent more criminal prosecutions —he could have posted bail, been released, and participated in another transaction. Furthermore, section 933.05, Florida Statutes (1999), requires that an executed warrant be returned within ten days of issuance....

...entirety to the defendant at the time of execution, and there is no showing that this was done in the instant case. Cf. State v. Featherstone, 246 So.2d 597 (Fla. 3d DCA 1971) (failure to make return of seized property within ten days as required by section 933.05 deemed harmless where no prejudice was shown)....

...In a case of first impression in Florida, we hold that a stale search warrant vitiates a search pursuant to that warrant and requires suppression of any evidence seized as a consequence of the search. Further, in accordance with the ten-day limitation specified in section 933.05, Florida Statutes (1983), we hold that a search warrant in Florida becomes stale ten days after its issuance....

...nable time to be determined under the facts and circumstances of each case. Baker. In Florida we do not have that problem because our legislature has specified by statute that a search warrant must be returned within ten days after issuance thereof. § 933.05, Fla....

...First is the question whether the search warrant used to obtain the evidence satisfied the constitutional and statutory requirements that a search warrant must particularly describe the property or thing to be seized. See U.S. Const. amend. IV; Art. I, § 12, Fla. Const.; § 933.05, Fla....

...h or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Article I, Section 12 of the Declaration of Rights of the Florida Constitution contains substantially *99 the same positive requirement. Section 933.05 of the Florida Statutes (1977) redundantly contains a similar prohibition....

...Supp. 1986), the seizure of the VCR was lawful. This argument runs afoul of the constitutional and statutory requirements that items seized pursuant to a warrant must be described with particularity. U.S. Const. amend. IV; Fla. Const. art. I, § 12; § 933.05, Fla....

...At the hearing on the motion, defendants argued that because the exhibits and the affidavit in support of the search warrant were never physically attached to the warrant, the warrant was facially defective, in that the place to be searched was not described as required by section 933.05, Florida Statutes (1983)....

...The trial court granted defendants' motion to suppress. On September 20, 1984, a hearing was held on the state's motion for reconsideration. The state unsuccessfully argued for application of the good-faith exception to the exclusionary rule. This timely appeal followed. Section 933.05 provides: A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized......

...See United States v. Haydel, 649 F.2d 1152 (5th Cir.1981), cert. denied, 455 U.S. 1022, 102 S.Ct. 1721, 72 L.Ed.2d 140 (1982) (burden of proof is on petitioner in motion to suppress). As such, we hold that the warrant in the present case was legally sufficient under section 933.05 and Booze v....

...The period in this case is substantially less than thirty days. There is nothing extraordinary about the facts of this case which would render "stale" the evidence supporting the magistrate's decision to issue this search warrant. *592 With regard to the timeliness of the execution of the warrant, section 933.05, Florida Statutes (1987), requires a search warrant to be executed and returned within ten days after issuance....

...Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant. Stuart W. Umbarger, of Law Offices of H. Lee Moffitt, Tampa, for appellees. MANN, Judge. Evidence was suppressed because the search warrant was "issued in blank in violation of Section 933.05, Florida Statutes, F.S.A." The affidavit alleges observation, on May 17, 1972, of marijuana growing on the defendants' premises, and was executed May 17, 1972....

...LILES, Acting C.J., and McNULTY, J., concur. NOTES [1] We differentiated technical deficiency from prejudicial error in State v. Holmes, Fla.App.2d 1971, 256 So.2d 32, and in Nell v. State, Fla.App.2d 1972, 266 So.2d 404. [2] 1924, 87 Fla. 262, 99 So. 548. [3] Fla. Stat. § 933.05 (1971), F.S.A....

...Search warrants must be based on “probable cause supported by affidavit or 5 affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized.” § 933.05, Fla....

...The officers placed him under arrest and then asked for his consent to search, which he provided. 1 Prior to trial, Ingraham filed a motion to suppress the items seized from his apartment. The motion argued in part that the search warrant was insufficient on its face because section 933.05, Florida Statutes (1999), requires that a search warrant must describe the items to be seized with particularity and none of the items seized were described in the war *773 rant....

...The Carlton court noted that while the petitioner there cited numerous cases as authority for the proposition that a warrant’s command must conform to its" probable cause foundation, none of those cases actually mandated such a requirement. Carlton, 449 So.2d at 251 . Section 933.05, Florida Statutes (1981), only requires that the place or thing to be searched be described with particularity....

...a general warrant. In addition the court held that by allowing a search to be made on suspicion, the warrant vested unlimited discretion in police officers executing the warrant and consequently violated both the *20 letter and spirit of Fla.Stat., § 933.05, F.S.A....

...he search of the premises or the search of a person or persons inside the premises. As to the search of the premises, no argument is made that the search warrant was not issued upon an affidavit showing probable cause. See Fla.Stat., §§ 933.04 and 933.05, F.S.A....

...*1050 The sole issue on appeal is whether the search warrant described the items to be seized with sufficient particularity to be valid under the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution (1968). See also § 933.05 Fla.Stat....

...Where a search warrant fails to adequately specify material to be seized, and leaves the scope of the seizure to the discretion of the executing officer, it is constitutionally overbroad. State v. Nelson, 542 So.2d 1043, 1045 (Fla. 5th DCA 1989); see also § 933.05, Fla....

...comprehensive presentence investigation (PSI) report or provide all mitigation evidence in his possession to the court prior to sentencing; (19) trial counsel failed to aggressively litigate a motion to suppress based on a stale search warrant pursuant to section 933.05, Florida Statutes; (20) trial counsel failed to show through the available evidence that the State’s hypothesis of prosecution was critically flawed; (21) trial counsel failed to file a motion to suppress the Greisman photopack based...

provisions authorizing its issuance in that Fla.Stat. § 933.05, F.S.A., prohibits the issuance of a search warrant

...The detectives later applied for several search warrants, one of which was for a forensic search of the devices. The court issued the search warrant on July 27, 2020, but at the suppression hearing below the detective who obtained the warrant admitted that it was not executed until "sometime in September." Section 933.05, Florida Statutes (2020), mandates that a search warrant "shall be returned within 10 days after issuance thereof." A warrant that is not executed within the statutory period is stale, and any search conducted pursuant to it is invalid. Spera v. State, 467 So. 2d 329, 330–331 (Fla. 2d DCA 1985) (citing § 933.05, Fla....

...The circuit court rejected it, finding that he had not been prejudiced by the delay. But as we said in Spera, "the legislature has decided that ten days is a reasonable time." Id. at 330. The relevant language in this short, plain statute has been in place for over a century. See § 933.05, Fla....