Florida/Georgia Personal Injury & Workers Compensation

...Yes, sir." Arguments of counsel for the respective parties center about two questions as controlling and, as stated in the briefs, are viz.: Question No. 1: Where a search warrant is executed and the executing officer wholly fails to deliver the written inventory and receipt required by Section 933.11, F.S.A., is the evidence found upon the search admissible over timely objection? Question No....

...ased upon the affidavit. How the magistrate accomplishes this is within the magistrate's discretion. Moreover, it is also limited by the statutory and practical necessity that a copy of the warrant be provided to the person named in the warrant. See § 933.11, Fla....

...was delivered to appellant during the execution of the warrant. Section 933.07, F.S. 1973, requires that, upon sufficient application, a committing magistrate shall "issue a search warrant signed by him with his name of office." (Italics supplied.) Section 933.11, F.S....

...mply a form which would be applicable to any search warrant and which could not possibly be legal without its attachments. Thus, he argues that the seizure must be quashed for the failure to serve him with a copy of the search warrant as provided in section 933.11, Florida Statutes (1981), which reads in pertinent part: 933.11 Duplicate to be delivered when warrant served....

...received notification that search warrants had been issued and were en route. Under these facts, we find that the conduct in question clearly falls within the perimeters of the Supreme Court's holding in Segura. [3] Furthermore, we find that neither section 933.11 nor 933.08, Florida Statutes (1981), is violated when an officer, without physical possession of a search warrant, enters and secures premises for which a warrant has been issued, as long as the warrant has been issued and is executed before the search is commenced....

...searched. Affidavits describing the place to be searched and items to be seized must be attached to a warrant where the affidavit is relied upon to cure a deficiency in the warrant. See Kelly v. State, 508 So.2d 568 (Fla. 2d DCA 1987); §§ 933.07 & 933.11, Fla....

...1st DCA 1978) (a search of a citizen's residence must be based on the description set forth in the warrant and not left to the discretion of an officer). In the instant case, Agent Grady procured the search warrant and delivered it to another agent to execute the search. Grady retained the affidavits contrary to section 933.11....

...NOTES [1] In Carlton v. State, 449 So.2d 250 (Fla. 1984), the court disapproved of Pezzella's strict requirement of particularity concerning controlled substances, but at the same time recited with approval the general policy considerations as outlined above. [2] Section 933.11 states that a duplicate shall be delivered to the executing officer "with the original warrant."

...Appellants argue that execution of the warrant was fatally defective in that the officer failed to announce his authority before breaking into the premises and failed, subsequently, to serve a copy of the warrant upon the person named therein. *322 See Fla.Stats. §§ 933.09 and 933.11, F.S.A....

...Upon executing the warrant a copy was read in the presence of both the named individual, Doris Miller, and the person apparently in possession of the premises, Amos Miller, and was subsequently delivered to the latter. In our view this procedure complied with the mandate of Fla. Stat. § 933.11, F.S.A....

GRIMES, Judge. The state appeals an order suppressing evidence seized pursuant to a search warrant because a duplicate signed copy of the warrant was not served upon the defendant at the time of its execution as required by section 933.11, Florida Statutes (1983)....

...In this connection, we must differ with our former colleague, Judge Gerald Mager, who concluded otherwise in his concurring opinion in Swinford v. State, 311 So.2d 727 (Fla. 4th DCA 1975). Like the trial judge in this case, we are unpersuaded by Judge Mager’s analysis. Section 933.11, Florida Statutes (1981), provides that “[a]ll search warrants shall be issued in duplicate,” and that said duplicate “shall be delivered to the officer with the original warrant, and when the officer serves the warrant, he shall...

...ainst appellant is reversed and set aside and this cause remanded for the entry of an appropriate sentence consistent with our holding herein. RAWLS and SPECTOR, JJ., concur. . Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct.1602, 16 L.Ed.2d 694 . . F.S. § 933.11, F.S.A....

...State, 433 So.2d 1378 (Fla. 2d DCA 1983). No showing of prejudice was made here. State v. Henderson, 253 So.2d 158 (Fla. 4th DCA 1971). We also find no basis for the trial court’s conclusion that the search warrant was in validly executed. Neither section 933.09 nor section 933.11, Florida Statutes (1989) is violated when an officer, without immediate physical possession of a warrant, enters and secures the premises for which the warrant has been issued....

...In the case sub judice, it is clear that the warrant had been issued before the officers arrived at Gayle’s apartment, and that the warrant was in a folder in the police vehicle. See Segura v. U.S., 468 U.S. 796 , 104 S.Ct. 3380 , 82 L.Ed.2d 599 (1984); State v. Riley, 462 So.2d 800 (Fla.1984). This failure to comply with section 933.11 1 is at best a technical defect which does not invalidate the search or the search warrant....

...Jones, 327 So.2d 18 (Fla.1976); Purdy v. Mulkey, 228 So.2d 132 (Fla. 3d DCA 1969). Accordingly, we reverse the appealed suppression order and remand this cause for further proceedings. REVERSED; REMANDED. COWART, J., concurs. GRIFFIN, J., concurs in result only. . Section 933.11 provides: search warrants shall be issued in duplicate....

specifying the same in detail * * *.” F.S.A. § 933.11. The judicial act complained of on appellants’