Florida Statute 933.17 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 933
SEARCH AND INSPECTION WARRANTS

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933.17 Exceeding authority in executing search warrant; penalty.—Any officer who in executing a search warrant willfully exceeds his or her authority or exercises it with unnecessary severity, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 17, ch. 9321, 1923; CGL 7519; s. 1162, ch. 71-136; s. 1575, ch. 97-102.

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Amendments to 933.17

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 933.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

S933.17 - PUBLIC ORDER CRIMES - EXCEED AUTHORITY IN EXECUTE SEARCH WARRANT - M: S

Cases Citing Statute 933.17

Total Results: 3 | Sort by: Relevance | Newest First

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Johnson v. State, 27 So. 2d 276 (Fla. 1946).

Cited 57 times | Published | Supreme Court of Florida | 157 Fla. 685, 1946 Fla. LEXIS 831

...hority and purpose prior to their entry therein, as is required by Section 933.09 F.S.A., and that the said officers and agents of the State of Florida, in executing the said purported search warrant wilfully exceeded their’ authority, contrary to Section 933.17 F.S.A.”; (d) because the information “is based upon evidence obtained by virtue of a purported search warrant isued upon a purported affidavit of Wilford C....

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State v. Robinson, 565 So. 2d 730 (Fla. 2d DCA 1990).

Cited 8 times | Published | Florida 2nd District Court of Appeal | 1990 WL 84421

...amage. We are suggesting a modification for only those cases in which the police misconduct can be fairly categorized as a matter of negligence or good faith mistake, not for those cases in which the statutory violation is deliberate or willful. See § 933.17, Fla....

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State of Florida v. Keith Alexander Times (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...y rule to remedy a violation of Florida’s knock-and-announce statutory requirement, the majority improperly applies a remedy that is not present in the statute and that is contrary to both the United States and Florida Constitutions.”); see also § 933.17, Fla. Stat....

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