Florida/Georgia Personal Injury & Workers Compensation

...r has committed acts prohibited by, or failed to perform acts required by, statutory or special conditions of probation. [2] Usually the affidavit is that of the probation supervisor and is presented to the judge granting the probation. [3] See F.S. Section 933.06, F.S.A....

...rant, 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. [2] F.S. § 933.06, F.S.A....

...ing the person, place or thing to be searched and particularly describing the property or thing to be seized"; also prohibits issuance of such warrants in blank and requires such warrants to be returned "within ten days after issuance thereof". F.S. Section 933.06 F.S.A....

...524 -25, Title, Searches and Seizures § 37. The only remaining question with reference to the search warrant proceedings was whether the judge who issued the warrant was authorized to do so upon the facts presented to him at the time of the application. Section 933.06 Florida Statutes 1941 prescribes that: “The judge or magistrate must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application....

...The search warrant in the instant cause was issued for the search of a dwelling house. It was conceded by the State, and so found by the trial court, that the affidavit upon which the search warrant was issued was insufficient as a matter of law. However, the State contended that, pursuant to the provisions of § 933.06, Fla....

...port thereof. On this appeal, the appellant contends that going behind this affidavit, upon which the search warrant was issued for search of a dwelling house, violated the provisions of § 933.18, Fla. Stat., [2] F.S.A. We agree with the appellant. § 933.06 and § 933.18, Fla. Stat., F.S.A., were originally enacted at the same Session of the Legislature. § 933.06, Fla....

...dence of the appellant. We hold that an affidavit in support of a search warrant for a dwelling house must show probable cause on the face thereof and that the State is not permitted to support the affidavit with additional evidence, as permitted by § 933.06, Fla....

...l court erred in the first instance on the motion to suppress. Therefore, the judgment of conviction is hereby set aside, and this cause is remanded to the trial court for the purpose of a new trial. Reversed and remanded with directions. NOTES [1] "§ 933.06 Sworn application required before issuance....

...[I]n the case of a private dwelling the affidavit must be made by the `creditable witness that he has reason ...', and that the affidavit of the witness `shall set forth the facts'." 291 So.2d at 16. The court contrasted that provision with the statutory section applicable to all search warrant affidavits, specifically Section 933.06, Florida Statutes, and concluded: "Therefore, the only way to give effect to both statutes is to hold that section 933.18 applying to private dwellings requires the stricter rule that the creditable witness must himself make the affidavit and must be the one who knows the facts....

...We find that the term as used in Section 933.18, Florida Statutes, refers only to the truthfulness and integrity of the witness making the affidavit. We do not agree that the use of the term "creditable witness" in Section 933.18, Florida Statutes, meaningfully distinguishes that statute from Section 933.06, Florida Statutes....

...the warrant is bottomed "must set forth the facts tending to establish the grounds of the application or probable cause". (See Dunnavant v. State, Sup.Ct. Fla. 1950, 46 So.2d 871 and Cooper v. State, Sup.Ct.Fla. 1932, 106 Fla. 254, 143 So. 217) F.S. § 933.06, which deals with applications for search warrants in general provides: "The judge or magistrate must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further te...

...State, Fla.App.3rd 1974, 291 So.2d 15; and U.S. v. McVean, 5th Cir.1974, 436 F.2d 1120) In addition to contending that the affidavit sub judice does in fact allege probable cause on its face, the State further urges that since the "premises" to be searched is an automobile, F.S. § 933.06 is applicable and that therefore, even were the affidavit to be found insufficient on its face, the warrant was nevertheless valid because it was bottomed on supplemental testimony as specifically allowed by the last mentioned statute. Appellants counter by calling to our attention that F.S. § 933.06 (as well as F.S....

...12 of our present Constitution to require that a sworn written statement be the support for the demonstration of probable cause, required as a condition precedent to the issuance of any search warrant. We arrive at the inescapable conclusion, therefore, that insofar as F.S. § 933.06 might be construed to permit the issuance of a search warrant based upon an affidavit which does not in and of itself demonstrate probable cause for the issuance of the warrant it is unconstitutional as being in violation of Article I, Sec....

...at U.S.-19 and SR-50 where Louis Danna delivered the cocaine to the undercover operative. This surveillance indicated that Louis Danna obtained the cocaine from the residence of Louis Bonilla on Gupton Road in Hernando County, Florida. [3] Compare: Section 933.06 of the Florida Statutes (1989) which provides that, in reviewing an application for a warrant to search a structure other than a private dwelling, the magistrate may consider affidavits as well as other proof, including testimony from...

...he unequivocally attests to the truth of a statement. They know that such an act constitutes that oath-taking which is required by our statutes as well as our Federal and Florida Constitutions. See U.S. Const. amend. IV; Art. I, § 12, Fla. Const.; § 933.06, Fla....

...It has often been held that statutes and rules authorizing searches and seizures must be strictly construed. Therefore, affidavits and warrants must meticulously conform to statutory and constitutional provisions. State v. Tolmie, 421 So.2d 1087 (Fla. 4th DCA 1982); Hesselrode v. State, 369 So.2d 348 (Fla. 2d DCA 1979). Section 933.06, Florida Statutes (1983), [2] as well as our federal and Florida Constitutions, require a sworn basis for a search warrant....

...t unreasonable seizures and searches shall not be violated and 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. [2] Section 933.06, Florida Statutes (1983), provides: Sworn application required before issuance....

...den on law enforcement to require that the confidential informant, himself, appear before the issuing magistrate to swear or affirm to sufficient underlying facts. The anonymity of the informant can still be protected; [4] and I do not construe *173 § 933.06, F.S.A....

...requirements of the statute and granted appellees' motion to suppress. We hold that the failure of an affiant to subscribe to an affidavit for search warrant as required by statute invalidates a warrant based thereon. *1088 The statute in question, Section 933.06, Florida Statutes (1981), provides: The judge or magistrate must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application....

...affidavits and warrants issued pursuant to such authority must meticulously conform to statutory and constitutional provisions. State ex rel. Wilson v. Quigg, 154 Fla. 348, 17 So.2d 697 (1944); Hesselrode v. State, 369 So.2d 348 (Fla. 2d DCA 1979). Section 933.06, Florida Statutes (1981), mandates that, before the warrant issues, some person must subscribe and swear to the application therefor....

...Compliance should be required or the provision mandating subscription should be done away with in favor of simply swearing to the truth of the contents before the magistrate. Accordingly, we affirm the order of suppression. HURLEY, J., concurs. LETTS, C.J., dissents, with opinion. LETTS, Chief Judge, dissenting: Section 933.06, Florida Statutes (1979), provides: The judge or magistrate must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application......

...vidence seized therein must be excluded. In our view, the "good faith" exception is not applicable under the circumstances of this case. In Collins v. State, 465 So.2d 1266 (Fla. 2d DCA 1985) the affiant had not taken the requisite oath, pursuant to section 933.06, Florida Statutes, prior to signing a supporting affidavit....

...be made by the "creditable witness that he has reason ...", and that the affidavit of the witness "shall set forth the facts". It is revealing to contrast this provision with the section applicable to affidavits for other search warrants (Fla. Stat. section 933.06, F.S.A.), where it is provided that a judge must have a sworn application "and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application", and the facts need only be su...

...State, supra, at 201 So.2d 762, 764, this court held: * * * * * * "We hold that an affidavit in support of a search warrant for a dwelling house must show probable cause on the face thereof and that the State is not permitted to support the affidavit with additional evidence, as permitted by § 933.06, Fla....

...searches made by a law enforcement officer without a warrant, but only searches which are considered under the facts of a given case to be unreasonable in a constitutional sense." * * * * * * Affirmed. NOTES [1] Compare F.S.A. § 933.18 with F.S.A. § 933.06.

...error, or is a substantive issue. The Florida constitutional provision states that a search warrant cannot be issued except upon probable cause, "supported by affidavit[.]" Art. I, § 12, Fla. Const. (1968). By statute, the affidavit must be signed. § 933.06, Fla....

...There is, however, an exception. Professor LaFave states, "In some jurisdictions, the applicable statutes or court rules may be more strict." Id. § 4.3(e), at 522 n. 64. Florida is such a jurisdiction. Florida law requires that the application for the search warrant be signed. § 933.06, Fla....

...To the extent this case involves an issue of statutory interpretation, a de novo standard of review applies. Therlonge v. State, 184 So. 3d 1120, 1121 (Fla. 4th DCA 2015). We begin our analysis by reviewing the plain language of the applicable statutes. Section 933.06, Florida Statutes (2011), states: 2  The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may...

...evidence not available to a private citizen.” Id. at 1025. In applying for search warrants and being the affiant on those applications, the IRCSO detective was not doing anything that a private citizen was not statutorily authorized to do. See id.; §§ 933.06, 933.18, Fla....

...On March 3, 2008, a hearing was conducted on the motion to suppress. The trial court granted the motion and ordered the evidence suppressed on the sole and exclusive basis that Detective Hernandez had failed to fully sign the affidavit on the line provided as required by section 933.06....

...davits, or depositions in writing, to support the application. The affidavit and further proof, if same be had or required, must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. § 933.06, Fla....

...ocument; the signature so affixed.” Black’s Law Dictionary 1468 (8th ed. 2004). It is undisputed that Detective Hernandez failed to sign the affidavit in support of the search warrant that was issued. Therefore, the affidavit did not comply with section 933.06....

...Further, even if we were to conclude that the failure of Detective Hernandez to sign the affidavit under these circumstances constituted something more serious than a technical violation, application of section 92.525, Florida Statutes (2007), should preclude invalidation of the warrant for failure to comply with section 933.06....

...the circumstances surrounding the issuance of the warrant here, the error constituted a technical flaw. Accordingly, the trial court erred by suppressing the evidence exclusively on that basis. For purposes of remand, we note that noncompliance with section 933.06 was not the sole basis for the motion to suppress....