Florida/Georgia Personal Injury & Workers Compensation

...Gates, 462 U.S. 213, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983) (emphasis added) (quotation marks omitted). Confining our inquiry entirely to the four corners of the affidavit, as required by law, e.g., State v. Bond, 341 So.2d 218 (Fla. 2d DCA 1976); see § 933.18, Fla....

...[14] This is how the district court of appeal construed the statute. [15] It is better, however, that the legislature amended the statute to clearly express its intent in this regard. [16] Of course, the state also must honor the warrant requirements of section 933.18, Florida Statutes (1987)....

...earch of defendant's premises. There is nothing to indicate that the officers were conducting a general exploratory search or that the search for spent cartridges was a subterfuge or an excuse to conduct such a general exploratory search. Fla. Stat. § 933.18, F.S.A., restricts the issuance of a search warrant for the search of a private dwelling to certain enumerated categories of property....

...has been committed is contained therein. The search warrant issued in this case authorized the seizure of "spent .38 caliber cartridge casings." We hold that the shell casings constitute an "instrumentality or means" within the meaning of Fla. Stat. § 933.18(6), F.S.A.; therefore, the warrant was not issued in violation thereof....

...A few minutes after the controlled delivery, police executed the warrant, arrested the Bernies, and charged them with possession of cocaine. The Bernies moved to suppress the evidence on the grounds that it was the product of an unreasonable search and seizure, relying on the provisions of section 933.18, Florida Statutes (1983), and Gerardi v. State, 307 So.2d 853 (Fla. 4th DCA 1975). Section 933.18, Florida Statutes (1983), concerns the issuance of a search warrant for a private home and provides: *990 933.18 When warrant may be issued for search of private dwelling....

...some creditable witness that he has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based. (Emphasis added.) In Gerardi, the Fourth District Court of Appeal held that section 933.18 "not only does not authorize issuance of a search warrant for search of a private dwelling for violations of the law relating to narcotics or drug abuse unless such law is currently being violated therein, it expressly prohibits such issuance." Id. at 855 (emphasis added). On the basis of this authority, the trial judge granted the Bernies' motion to suppress. On appeal, the Second District Court reversed. The district court recognized that the requirements of section 933.18 were clear: "[A] present or known violation of a narcotics law must exist in the home to be searched prior to the issuance of the warrant for the search of that home." Bernie, 472 So.2d at 1245....

...See also United States v. DeBerry, 487 F.2d 448 (2d Cir.1973). The law is now clear that neither the Florida Constitution nor the United States Constitution requires issuance of a warrant for this type of search. We must, however, consider the effect of section 933.18. Section 933.18 requires issuance of a warrant for the entry into a private dwelling....

...tatute. In this circumstance, the state already knows the drug laws have been violated. Because we hold the warrant valid under our statute, the application of Leon is unnecessary. There was clearly probable cause to obtain a warrant, as required by section 933.18, to seize a package already in law enforcement's constructive possession and which law enforcement knew contained contraband drugs....

...red before and subsequent to the adoption of that amendment; (2) the anticipatory search warrant issued under the circumstances of this case is valid and does not violate the provisions of the United States Constitution, the Florida Constitution, or section 933.18....

...as to the existence of probable cause.," 468 U.S. at 926, 104 S.Ct. at 3422. The present case involves not a mistaken judgement call concerning probable cause, but rather the warrant and affidavit failed to meet the clear and express requirement of section 933.18 Fla....

...ases to our search and seizure constitutional law, I would quash the opinion of the district court, because of the reasons stated above. BARKETT, Justice, dissenting. I must respectfully dissent. In my view, the evidence was illegally obtained under section 933.18, Florida Statutes, (1985), and therefore should have been excluded. I find the majority's analysis, especially its discussion of Illinois v. Andreas , totally inapplicable to the case before us and therefore totally unpersuasive. The bottom line of the majority's decision is its construction of section 933.18 to permit the issuance of a warrant "when the evidence and supporting affidavit show that the drugs have already been discovered through a legal search and seizure and are presently in the process of being transported to the designated residence which is being used as the drug drop." Majority opinion at 992....

...State, 388 So.2d 281 (Fla. 1st DCA 1980), pet. for rev. denied, 399 So.2d 1146 (Fla. 1982); Hesselrode v. State, 369 So.2d 348 (Fla. 2d DCA 1980), cert. denied, 381 So.2d 766 (Fla. 1980); Leveson v. State, 138 So.2d 361 (Fla. 3d DCA 1962). [3] That statute reads: 933.18 When warrant may be issued for search of private dwelling — No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: ......

...the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based. § 933.18, Fla....

...as a store, shop, saloon, restaurant, hotel or boarding or lodging house, or that same was being used for the unlawful sale, possession or manufacture of intoxicating liquors or that stolen or embezzled property was contained therein, as provided by Section 933.18 F.S.A.; wherefore the defendant charges that the said purported affidavit and purported search warrant were null and void and that the evidence obtained thereby was illegally obtained and in contravention of the constitutional rights o...

...lottery business’; defendant avers that said purported affidavit was insufficient as a basis upon which to issue the purported search warrant, in that it erroneously assumes that an office for the practice of medicine is such a use as set forth in Section 933.18 F.S.A; and defendant further avers that the purported search warrant was not limited in its scope to the search of the said office of the defendant in said building and that the search and seizure conducted by virtue of said purported...

...(5) That the affidavit upon which the search warrant was based shows upon its face that it was issued solely for the purpose of procuring evidence against the defendant. (6) That the dwelling house of the defendant was immune from search and seizure under the statutes and laws of the State of Florida and particularly Sec. 933.18 Fla....

...Johnson and of the persons found to be operating said place and to' bring them before the magistrate who issued the warrant. The affidavit is sufficient to authorize the search of the dwelling house which was searched under the provisions of paragraph 2 of Sec. 933.18 Fla....

...o the legislature’s obvious policy and intent such last sentence, if operative at all, must be so construed as to give it effect consistent with such other sections and part of sections and with the policy they indicate. The last paragraph of Sec. 933.18, supra, is more nearly consistent with other sections of the same chapter than is the first paragraph of this section. See sub-paragraph (b) of Sec. 933.02 and Sec. 933.07 Fla. Statutes 1941 (same F.S.A.). This paragraph of Sec. 933.18 is also in perfect harmony with Sec. 22 of the Declaration of Rights of the Florida Constitution. So our conclusion is that insofar as the provisions of the second paragraph of Sec. 933.18, supra, conflict with the provisions of the first paragraph thereof, the provisions of the second paragraph prevail....

...Aside from the procedural consequences of a search without warrant, there is a substantive warrant requirement which stands as an absolute bar to the use of evidence taken in certain warrantless searches. Warrants are generally necessary for searches of private dwellings both as a matter of Florida law, see Fla. Stat. § 933.18 (1975), Cooper v....

...Following defendant's arrest, one of the officers obtained a search warrant to search his home for other items stolen from the Meek residence. However, the affidavit in support thereof failed to set forth the facts outlined above upon the basis of which the search warrant was obtained, as required by § 933.18, Fla....

...[*] In addition, I believe that Florida law requires the same result, independently of the Fourth and Fourteenth Amendments. The warrantless search and seizure of appellant's dwelling is in violation of Fla. Const. art. I, § 12 (1975). See Fla. Stat. § 933.18 (1975); Cooper v....

...nditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he or she has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based. § 933.18(10), Fla....

...on its face.... Probable cause for issuance of a search warrant cannot be based on mere suspicion, but rather must be based on facts known to exist." The affidavit and search warrant in this case cannot withstand scrutiny under the test of case law, section 933.18(10), or the Florida or federal constitutions....

...ect Florida citizens are implicated in this case. Florida citizens' rights to privacy, particularly in the sanctity of the home, are expressly protected in this state by constitutional and statutory guarantees. See, e.g., art. I, § 23, Fla. Const.; § 933.18, Fla....

...Stat., [1] F.S.A., it had a right to offer additional evidence, which it contended it did before the judge who issued the warrant in support 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. Stat., F.S.A., relates generally to search warrants, and § 933.18, Fla....

...l, the specific will control over the general. See: Adams v. Culver, Fla. 1959, 111 So.2d 665; St. Joe Paper Company v. Ray, Fla.App. 1965, 172 So.2d 646. It is apparent that the Legislature was not content to rely on this general proposition as, in § 933.18, Fla....

..., 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." [2] "§ 933.18 When warrant may be issued for search of private dwelling....

..., and any man's home may be invaded at any time by designing and unscrupulous persons without the form of an Affidavit being filed, the falsity of which is susceptible to proof. We take it that the provisions quoted from Section 8518, C.G.L., F.S.A. § 933.18, supra, mean that the person making the Affidavit must therein swear that he, or she, has reason to believe that the dwelling is being used unlawfully, as stated in the Affidavit, and must then set forth specifically the facts upon which th...

...Rogers, Asst. Atty. Gen., for petitioner. Robert S. Appleton of Appleton & Ernst, P.A., Marathon, for respondent. OVERTON, Justice. This cause is before us on petition for writ of certiorari to the Third District *730 Court of Appeal. That court construed Section 933.18, Florida Statutes, to require that "the creditable witness must himself ......

...v. Compton, 301 So.2d 810 (Fla.App.2d 1974). [1] We have jurisdiction pursuant to Florida Constitution, Article V, Section 3(b)(3). We hold the restrictive construction by the Third District Court was neither intended by our legislature in adopting Section 933.18, Florida Statutes, nor constitutionally required by this Court or by the United States Supreme Court, and must therefore be reversed....

...The defendant moved to suppress the evidence before the trial court. This motion was denied, and the defendant was thereafter tried and found *731 guilty by a jury on five drug offense counts. The conditions under which a search warrant may be issued for a private dwelling are set forth in Section 933.18, Florida Statutes, which provides: " When warrant may be issued for search of private dwelling....

...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....

......" [Emphasis supplied] 291 So.2d at 17. It is our opinion that the District Court emphasized the words "creditable witness" out of context. These words must be construed together with the remaining provisions of the statute. The critical words of Section 933.18, Florida Statutes, provide that a search warrant may be issued only: "......

...based on hearsay information. When we say specific facts, we mean the time, the place, and the occurrence. The creditability of a witness is a factual determination to be made for each witness in every case. The term "creditable witness" as used in Section 933.18, Florida Statutes, requires the judicial officer issuing the search warrant to evaluate the truthfulness and integrity of the person making the affidavit....

...The court went on to say that the term does not imply that he has intelligence, or knowledge, or opportunity for knowledge of the particular facts in the case. Madden v. Saylor Coal Co., 133 Iowa 699, 111 N.W. 57 (1907). 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. An affiant for any search warrant must be a creditable witness. In this regard, it is interesting to note that even though the wording of Section 933.18 has remained substantially the same for over fifty years, the construction and interpretation urged by the Third District have never previously been adopted by this or any other Florida appellate court....

...Specifically, the rules provide a means whereby the informant can be examined in camera if it is shown to be necessary in order to protect the constitutional rights of an accused. See Florida Rules of Criminal Procedure 3.220(c)(2), (i). In conclusion, we reiterate that nothing in the language of Section 933.18, Florida Statutes, or prior case law prohibits the use of hearsay testimony by a reliable informant to establish probable cause for the search of a private dwelling....

...icer who signed the affidavit before the judge who issued the search warrant. Appellants urge, however, that the affidavit itself must establish probable cause for issuance of the search warrant and that the affidavit sub judice does not do so. F.S. § 933.18, dealing with search warrants for the search of a private dwelling, provides in material part as follows: "* * * No warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on s...

...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. § 933.18) was passed by the legislature in 1923, predating our present Constitution which, appellants contend, contains a material change in verbiage from the Constitution of 1885 which was in effect when the statute was passed and when the several cases construing same were decided....

...State, 44 Ala.App. 648, 219 So.2d 404 (1968); United States v. Whitlow, 339 F.2d 975 (7th Cir.1964); Rosencranz v. United States, 356 F.2d 310 (1st Cir.1966). As already stated, Florida courts have construed "sworn proof by affidavit" as contained in F.S. § 933.18 as limiting the basis for demonstration of probable cause to the four corners of the affidavit....

...nce. In order to assure compliance with the rule of law and to permit review of that decision by another court, the magistrate must consider solely the facts stated in the affidavit. See State v. Bond, 341 So.2d 218, 219 (Fla. 2d DCA 1976); see also § 933.18, Fla....

...Finally, petitioner contends that a search warrant commanding the search of a dwelling house must contain a recital of a finding by the issuing magistrate that the sworn proof, or affidavit, supporting the search warrant has been furnished by a credible witness. F.S. § 933.18, F.S.A., requires that no warrant for the search of any private dwelling shall issue except upon sworn proof by affidavit of some credible witness, but nowhere does it require a finding by the issuing magistrate that the witness making the sworn proof is credible....

...conclude that any juror could have been prejudiced or improperly swayed by the lunchroom conversation. Lastly, appellant's contention that the affidavits by a police officer and Foley were constitutionally defective and insufficient under Fla. Stat. § 933.18, F.S.A....

...s"; [1] that such violation occurred under color of a search warrant at a time when the defendant had a direct interest and/or was a lawful occupant of the premises searched; that the said search also violated the defendant's rights as guaranteed by § 933.18, Fla....

...equipment, devices or records and other paraph e nalia used in effecting illegal gambling, in order that the evidence may be procured to be used in the prosecution of such persons unlawfully in or operating said premises. "/s/ ED. McCOLLUM "AFFIANT" Section 933.18, Fla....

...the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustain the trial court's ruling. McNamara v. State, 357 So.2d 410 (Fla. 1978). The issuance of a search warrant for a private home is governed by Section 933.18 of the Florida Statutes (1989). Section 933.18 provides, inter alia, that no search warrant shall issue to search any private dwelling except upon sworn proof by affidavit of some credible witness that he has reason to believe that the law relating to narcotics or drug abuse is being violated therein and this fact must be alleged in the supporting affidavit....

...to allege facts supporting the claim that a violation of the narcotics laws was occurring inside defendant's residence because the probable cause paragraph had been omitted. Thus, we hold that the affidavit failed to comply with the requirements of section 933.18. We also hold that since section 933.18 specifically states that proof by affidavit is required, Judge Tombrink was not permitted to rely on the sworn testimony of Sergeant Lee that the factual basis for both warrants was the same....

...3). The Bernies filed a motion to suppress the evidence on the grounds that it was seized as a result of an unreasonable search and seizure. At the hearing on the motion, the Bernies relied on Gerardi v. State, 307 So.2d 853 (Fla. 4th DCA 1975), and section 933.18, Florida Statutes (1983), to support their proposition that the warrant was invalid for lack of probable cause; i.e., when the warrant was issued there was no reason to believe that narcotics laws were presently being violated inside the residence. The trial judge felt compelled to follow the Gerardi decision and reluctantly granted the motion to suppress. For the reasons we express, we think he should not have done so. The issuance of a search warrant for a private home is governed by section 933.18, Florida Statutes (1983)....

...on sworn proof by affidavit of some creditable witness that he has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based. [Emphasis supplied.] In strictly construing section 933.18, as we must, [1] we find that the requirements of this section are clear — (a) a present or known violation of a narcotics law must exist in the home to be searched prior to the issuance of the warrant for the search of that home, and (b) this fact must be alleged in the supporting affidavit....

...In the case before us, the supporting affidavit, which uses language in futuro, only indicates an expectation that a violation of the narcotics laws "would be" occurring within the Bernies' home immediately after the controlled delivery. The affidavit, therefore, does not comply with the requirement of section 933.18(5) in that it fails to allege that any violation of the narcotics laws "is being violated therein." Thus the affidavit here, like the affidavit in Gerardi, is legally inadequate and the warrant should not have been issued....

...Const. amend. IV; Art. I, § 12, Fla. Const. (1982). Florida law specifically proscribes the issuance of a warrant to search a dwelling for narcotics unless "[t]he law relating to narcotics or drug abuse is being violated therein (emphasis added)." § 933.18(5), Fla....

...contraband was observed. At oral argument the state asserted that testimony not transcribed for appeal would show that the magistrate issued the warrant based on the officers' testimony. This argument, however, overlooks the affidavit requirement of section 933.18(10), Florida Statutes (1987), which provides in part: "[n]o warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some credible witness th...

...The objective good faith standard requires officers to have a reasonable knowledge of what the law prohibits. Id. at 919 n. 20, 104 S.Ct. at 3419 n. 20. The affidavit in this case precludes good faith reliance on the warrant because it omits requirements specifically prescribed by law. Subsection 933.18(5) prohibits the issuance of a search warrant to search a private dwelling unless "[t]he law relating to narcotics or drug abuse is being *415 violated therein (emphasis added)." Subsection 933.18(10) prohibits the issuance of a warrant for a dwelling unless the affidavit contains a factual basis....

...lottery equipment. Included within the description of the building were certain living quarters of the appellant, though not specifically identified as such. We have studied the evidence in this case, as well as the law on search warrants, including Section 933.18, Florida Statutes, F.S.A., as to when a warrant may be issued for search of a private dwelling, and do not find that any error was committed by the lower court in denying the motion of the defendant to quash the search warrant and suppress the evidence that was adduced below....

...The appellant, defendant in the trial court, appeals a judgment and conviction of operating a gambling house contrary to the statutes of this State. The affidavit which supported the search warrant in this case was issued upon certain assertions made by one R. Brown, pursuant to the provisions of § 933.18, Fla....

...executes the affidavit which is the initial instrument which sets in motion what ultimately results in a criminal proceeding. To expand the rule protecting "confidential informant" to protect one who actually executes an affidavit in accordance with § 933.18, Fla....

...The record failing to have any evidence other than that obtained by the aforesaid search warrant, it lacks the necessary ingredients to sustain the conviction of the appellant and, therefore, the judgment and sentence is hereby reversed for a new trial. Reversed and remanded. NOTES [1] § 933.18, Fla....

...It is undisputed that the room in which defendant was located at the time of the arrest was the dwelling place of defendant. The fact that a building is in part used as a business does not deprive those parts used as living quarters of their status as a private dwelling. Cf. Section 933.18(7), Florida Statutes 1969....

...no findings or conclusions on the basis of the evidence presented, the case was remanded to the trial judge for the purpose of making findings as to whether any statements in the warrant affidavit were successfully contradicted or proven erroneous. Section 933.18, Florida Statutes, dealing specifically with issuance of search warrants for private dwellings, provides in part that no warrant shall be issued except "on sworn proof by affidavit of some creditable witness"....

...LEGATE, 4143-Fourteenth Avenue South, whose home he had broken into and entered unlawfully, on the 28th of September, 1973, taking the said speakers to 1230-Fortieth Street South, the apartment of ARNOLD PATTERSON where he left them." (Italics ours.) Relating to the issuance of a search warrant to search a dwelling house, § 933.18, F.S....

...While we find that there is some merit in appellant's second contention, we find that under existing case law the information was not stale and that the good-faith standard of Leon v. United States, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), would preclude suppression of the evidence in question. We affirm. Section 933.18(5), Florida Statutes (1990), in pertinent part provides that a search warrant for a dwelling may issue where "the law relating to narcotics or drug abuse is being violated therein." A warrant should only issue if the face of the affida...

...Upon denial of said motions he pleaded nolo contendere to possession of hashish and was sentenced to three years in prison. The sole point on appeal concerns the trial court's alleged error in denying the motions to quash the search warrant and suppress the seized evidence. The question involved here is whether § 933.18(5), F.S....

...However the approval resulted from a finding in those cases that there was no constitutional or statutory prohibition proscribing the issuance of a search warrant under conditions similar to those in the present case. In Florida issuance of a search warrant for a private dwelling is governed by § 933.18, F.S....

...Appellant does not challenge the sufficiency of the warrant to seize the plants from the exterior of the home. The issue in this case is whether the affidavit was sufficient to establish probable cause for the issuance of the warrant to search the interior of the home. We find that it was not. Section 933.18, Florida Statutes, provides that a search warrant shall not be issued for the search of a private dwelling unless, in pertinent part: (5) The law relating to narcotics or drug abuse is being violated therein....

...ess that he has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based. In State v. Bernie, 472 So.2d 1243 (Fla. 2d DCA 1985), the court stated: In strictly construing section 933.18, as we must, [footnote omitted] we find that the requirements of this section are clear — (a) a present or known violation of a narcotics law must exist in the home to be searched prior to the issuance of the warrant for the search of that home, and (b) this fact must be alleged in the supporting affidavit. Without this allegation of a present violation of the law, a warrant would not be issued in accord with the statute and would be invalid. In Bernie, the court found that the supporting affidavit was insufficient, under section 933.18, because it merely alleged that the defendants were expecting a package of contraband to be delivered to their residence, that the package would be delivered on a certain date, and, at that time, the contraband would be inside the residence. The court found that that "in futuro" language did not meet the section 933.18(5) requirement that the affidavit must allege that a violation of the narcotics laws "is being violated therein." Thereupon, the affidavit was found to be inadequate and thus the warrant was declared invalid....

...rcuit judge for a probable cause determination, and obtained a facially valid warrant authorizing the search of the residence. In the instant case, as in Bernie, the supporting affidavit clearly failed to set forth the proper allegations pursuant to section 933.18 in regard to the interior of the home....

...t, an affidavit cannot be said to present a substantial basis of probable cause for the search of the interior of the home. Thus, in the absence of any supporting substantial basis for the search of a home, especially in light of the requirements of section 933.18, we cannot conclude that the search of the interior of a home in circumstances such as those involved in the instant case was an action in "objectively reasonable reliance" on the part of the officers to the extent that the good faith exception set forth in the Leon case may be applied....

...The legislature has expressed a particular regard for the necessity of careful compliance with the law when a private dwelling as distinguished from other buildings is to be searched. Fla. Stat. section 933.02, F.S.A., sets forth the grounds for issuance of a search warrant, but section 933.18 provides special conditions under which a search warrant may be issued for a private dwelling. The latter statute is in pertinent part as follows: "933.18 When warrant may be issued for search of private dwelling....

...nce or nonexistence thereof may be a matter of definite proof so that the affiant may be held responsible for the truth or falsity of his statements in that regard." * * * * * * 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....

...This fact was not sufficient to form a basis for probable cause to search the appellant's house. The remainder of the affidavit of the officer was as to things which he had been told by a "reliable" informant. This portion of the affidavit did not meet the requirements of Fla. Stat. section 933.18, F.S.A., that the affidavit set forth the facts on which his reason for belief is based....

...The trial court denied the motion. Thereafter, defendants pled nolo contendere to the offense of possession of less than five grams of marijuana; they were adjudged guilty; and they were sentenced to time in the county jail. This appeal resulted. We affirm. Under Section 933.18, Florida Statutes, a warrant for the search of a dwelling *661 may be based on reliable hearsay information....

...rrant failed to set forth facts sufficient to establish probable cause for the issuance of a warrant to search the apartment. As a general rule, an affidavit in support of a search warrant for a private dwelling must show probable cause on its face. Section 933.18, Florida Statutes; Panzavecchia v....

...forth in the warrant." 524 So.2d at 991. Although the supreme court recognized that "[n]o language in either the Florida Constitution or the United States Constitution prohibits issuance of a warrant for service at a future time," id., nonetheless, section 933.18(5), Florida Statutes, requires that a search warrant shall not be issued for the search of a private dwelling unless, in pertinent part: (5) The law relating to narcotics or drug abuse is being violated therein....

...et forth the facts on which such reason for belief is based. However, in Bernie, the supreme court concluded that the facts of that case did not constitute "the type of in futuro allegation for a warrant that the legislature intended to prohibit by [section 933.18]." 524 So.2d at 992....

...They did not discover the contraband prior to obtaining the warrant as in the Bernie case. We agree with the trial court's observation and conclusion but would hold, contrary to the trial court's order, that they are fatal to the warrant's validity. The affidavit and search warrant transgressed the requirement of section 933.18(5) that it be shown that the law relating to narcotics or drug abuse is being violated in the dwelling....

...its." 468 U.S. at 919, n. 20, 104 S.Ct. at 3419, n. 20. However, in the instant case, the absence of any supporting substantial basis for the search of appellant's home in light of the affidavit's and warrant's express departure from requirements of section 933.18 convinces us that the officers' search of the home was not in "objectively reasonable reliance" so that the good faith exception may be applied....

...se to support the issuance of the warrant. Probable cause for issuance of a search warrant is determined solely with reference to the facts stated in the warrant and the supporting affidavit. E.g. State v. Knapp, 294 So.2d 338 (Fla.2d DCA 1974). See Section 933.18, Florida Statutes....

...ion to arguing the sufficiency of the affidavit to support this warrant the state also asserted that the officers acted in good faith reliance upon the warrant. After the parties concluded their presentations the court denied the motion to suppress. Section 933.18, Florida Statutes precludes the issuance of a warrant to search a private dwelling unless certain specified *808 occurrences are shown. The statute authorizes the issuance of a warrant to search a dwelling if the "law relating to narcotics or drug abuse is being violated therein." See Section 933.18(5), Florida Statutes....

...e detailed. More careful analysis, however, — such as by the circuit judge on the motion to suppress — reveals that the affidavit falls far short of the long established legal prerequisites for the issuance of a warrant to search a citizen's home. Section 933.18, Florida Statutes, explicitly prohibits the issuance of a warrant to search a private dwelling except on sworn proof by the affidavit of a creditable witness that he has reason to believe that [the law relating to narcotics or drug abu...

...To be sufficient the affidavit must state facts, not conclusions. Both federal and state constitutions make the same demand — search warrants must be supported by affidavits which state sufficient facts to permit an impartial magistrate to determine whether probable cause exists. Florida Statutes, Section 933.18, F.S.A., provides a like requisite....

...e many items they intended to seize. Johnson testified that the officers "wiped ... out" his business. In granting Johnson's motion to suppress, the court offered several reasons for doing so, one of which was that the warrant was insufficient under section 933.18, Florida Statutes (1989), which prescribes the circumstances under which a warrant may be issued to search a private dwelling....

...the fact that Johnson was using his home to produce and sell video tapes. Therefore, because we believe that the production and sale of video tapes is a business whose purpose is to make sales, we conclude that the warrant was properly issued under section 933.18....

...es v. On Lee, 193 F.2d 306, 315-316 (2nd Cir.1952), cert. granted, 342 U.S. 941, 72 S.Ct. 560, 96 L.Ed. 700 (1952), (Frank, J., dissenting). [5] The state argues that the legislature treats rooming houses differently for purposes of search warrants. Section 933.18(8), Florida Statutes (1995) (search warrant may not be issued to search private, occupied dwelling unless dwelling is used in part for business purpose such as " hotel, or boardinghouse, or lodginghouse " [emphasis supplied])....

...In his motion and at the suppression hearing, he asserted that the affidavit incorrectly stated that marijuana was "now being kept" at the apartment. Instead, the facts alleged in the affidavit demonstrated that the marijuana was not present when law enforcement applied for the warrant. He contended that pursuant to section 933.18(5), Florida Statutes (2004), the search of a residence may not occur unless probable cause supports that there exists a current violation of narcotics laws on the premises....

...s apartment. Accordingly, even if the warrant were deficient for lack of an explicit triggering condition, the good faith exception to the exclusionary rule would permit the State to use the evidence obtained during the search of Fijnje's apartment. Section 933.18, Florida Statutes On appeal, the State briefly addressed the argument that Fijnje made in the trial court relating to section 933.18, Florida Statutes (2004). The trial court's order did not address the applicability of the statute, and Fijnje does not argue on appeal that the statute provides an alternative basis to affirm the order granting suppression. However, section 933.18 does not alter our conclusion that the trial court erred in granting Fijnje's motion to suppress. Section 933.18 states in pertinent part as follows: No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: .......

...State, 524 So.2d 988, 991 (Fla.1988), the supreme court recognized that "warrants are not constitutionally invalid for lack of a present violation of law at the premises where the contraband will be delivered in the future," and it then discussed the impact of section 933.18....

...He was told it would be delivered the following day. In the meantime, based on an affidavit setting out these facts, police obtained a search warrant for the Bernies' residence in connection with the prospective controlled delivery of the cocaine. The Bernies moved to suppress based on section 933.18, arguing that the evidence was the result of an unreasonable search and seizure. The supreme court considered the language in section 933.18 that no warrant shall issue unless "[t]he law relating to narcotics or drug abuse is being violated therein....

...It is our view that this is not the type of in futuro allegation for a warrant that the legislature intended to prohibit by this statute. Id. In Pazos v. State, 654 So.2d 1000 (Fla. 4th DCA 1995), the Fourth District determined that a search warrant was invalid based on section 933.18(5)....

...led buy. Id. at 1000. Further, if the buy took place and the informant told the deputy that there was more cocaine in the residence, the deputy would serve the warrant. Id. at 1000-01. The Fourth District concluded that the affidavit did not satisfy section 933.18(5)....

...elieve that Florida's drug laws were being violated at Fijnje's apartment. Further, the information contained in Detective Colebank's affidavit demonstrated her reason to believe that the law "is being violated" at Fijnje's apartment, as required by section 933.18....

...Notably, while the trial court was concerned about the absence of an explicit triggering condition in the warrant or affidavit, it agreed that the facts contained in the affidavit showed probable cause. Under these circumstances, the requirements of section 933.18(5) were satisfied....

...does not prohibit all 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....

...Const. (1968). By statute, the affidavit must be signed. § 933.06, Fla. Stat. (2007) ("The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed[.]") (emphasis added); see also id. § 933.18 (specifying grounds for search of dwelling; requiring "sworn proof by affidavit ......

...grounds of the application or probable cause for believing that they exist. The key provision is that the judge must “have the application of some person for said warrant duly sworn to and subscribed.” Id. (emphasis added). Additionally, section 933.18, Florida Statutes, states that “[n]o warrant shall be issued for the search of any private dwelling ....

...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....

...(emphasis added.) Gates, 462 U.S. at 238, 103 S.Ct. 2317. The issue before the magistrate was not whether there was probable cause that evidence of trafficking would be found, but whether there was probable cause that evidence of a crime would be found. See also § 933.18(5), Fla....

...after receiving the warrant and before executing it, successfully conducted a controlled buy at the residence. Appellant cites Bernie v. State, 524 So.2d 988 (Fla. 1988) and Renckley v. State, 538 So.2d 1340 (Fla. 1st DCA 1989), for the holding that section 933.18(5), Florida Statutes, requires a search warrant of a private dwelling for violation of the law relating to narcotics or drug abuse not be issued unless upon affidavit showing probable cause that the law is then being violated therein....

...alleged were being committed at 260 N.W. 46th Court, Hollywood, Florida, a residence house, and that there is no demonstrable nexus between the alleged contraband and that place described above to support issuance of the within search warrant,... ." Section 933.18, Florida Statutes (1979) prohibits issuance of a search warrant for search of a private dwelling for violations of the law relating to narcotics or drug abuse unless the law is currently being violated within that private dwelling....

...residence made during the night. I would not fault the trial judge in his finding that a warrantless search of a residence is unreasonable whenever it is predicated only upon a tip from a confidential informant and suspicious noises. See Fla. Stat. § 933.18 and see Wolff v....

...Without detailing, the municipality had the usual catch-all proviso, which provided that the commission of state misdemeanors constituted violation of a municipal ordinance. Appellant urges that the charter authorization was too general as concerns the search of a private dwelling when compared to the provisions of F.S. 933.18, Laws of 1971, F.S.A....

...ue. Palm Beach County v. Green, Fla.1965, 179 So.2d 356 ; Radford v. Town of Palm Beach Shores, Fla.App. 1972, 267 So.2d 36 . We feel there has been no deprivation of process, particularly since the offense in question exactly fits the definition in Section 933.18(5), F.S....

578 So.2d 412, 413 (Fla. 2d DCA 1991), citing § 933.18(5), Fla. Stat. (1987). A warrant should issue

...a warrant [must] be supplied with sufficient information to support an independent judgment that probable cause exists for the warrant." Whiteley v. Warden, Wyo. State Pen., 401 U.S. 560, 564, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971). More specifically, Section 933.18(5), Florida Statutes, provides that a search warrant shall be issued for the search of a private dwelling "on sworn proof by affidavit of some credible witness that he or she has reason to believe that one of said conditions [e.g., "[t...

felony has been committed, is contained therein.” § 933.18(6), Fla.Stat. (1987). Further, such a conclusion

...11 A.L.R.3d 1330 , 1343-1344 (1969). The rules stated in Fance v. State, Fla.App.1968, 207 So.2d 331, 333 , are well settled. A search warrant must conform strictly to the statutory • requirements, and must particularly describe the place to be searched. See § 933.18 and § 933.02, Fla....

Wolff, the Third District construed Fla.Stat. § 933.18 to require that the affiant have first-hand knowledge

upon which the search warrant was issued. F.S. § 933.18, F.S.A., is applicable in our determination of

...determine whether the totality of the sworn factual averments contained therein created a substantial basis for concluding that probable cause existed. We conclude that they did. The issuance of a search warrant for a private dwelling is governed by section 933.18, Florida Statutes (2001), which provides, among other things, that no search warrant shall be issued under this chapter or under any other law of this state to search any private dwelling occupied as such unless the law relating to narcotics or drug abuse is being violated therein....

...firearms in the house which appellant was occupying. Firearms are not contraband per se, and the affidavit in this case does not establish probable cause to believe that appellant’s residence harbored evidence of criminal activity as delineated in § 933.18, Florida Statutes. Cf., Joiner v. State, 339 So.2d 296 (Fla. 1st DCA 1976); Powell v. State, 335 So.2d 304 (Fla. 1st DCA 1976), cert. denied, 348 So.2d 953 (Fla.1977). A search warrant in this case should not have issued, see § 933.18, Florida Statutes, and the trial court should have suppressed the evidence obtained in execution of the warrant....

...authorizing a search of appellee’s private dwelling. Appellee, as defendant below, attacked the affidavit upon which the search warrant was issued on the ground that an affidavit for issuance of a search warrant for a private dwelling pursuant to § 933.18, F.S.1973, must be based upon the personal knowledge of the affiant....

service at a future time,” id., nonetheless, section 933.18(5), Florida Statutes, requires that a search

...ence. In order that the search be permissible it was required to have been made on a proper warrant duly issued, or as an incident to a lawful arrest. Haile v. Gardner, 82 Fla. 355 , 91 So. 376 ; Herring v. State, Fla.App.1960, 121 So.2d 807 . Under § 933.18 Fla.Stat., F.S.A., entitled “When warrant may be issued for search of private dwelling,” it is provided that a warrant for search of a private dwelling may be issued in stated circumstances, including when stolen or embezzled property is contained therein....

...220 ; Sleigh v. State, 106 Fla. 261 , 143 So. 220 ; Adkison v. State, 106 Fla. 262 , 143 So. 220 . In Cooper v. State, supra, 143 So. at p. 218, the Supreme Court stated: “ * * * We take it that the provisions quoted from section 8518, C.G.L., supra, [now section 933.18 Fla.Stat., F.S....

...This information, if added to the affidavit, would not' defeat a finding of probable cause. The facts presented to the issuing judge established probable cause that evidence of a crime would be found at the residence. See State v. Colitto, 929 So.2d 654, 656 (Fla. 4th DCA 2006); see also § 933.18(5), Fla....

...We have considered the four corners of the document, as required by law, and conclude that the document supports the magistrate’s finding of probable cause. E.g., State v. Bond, 341 So.2d 218 (Fla. 2d DCA 1976), cert. denied, 348 So.2d 953 (Fla.1977); see § 933.18, Fla.Stat....

...court’s findings of historical fact so long as those findings are supported by the record. State v. Gandy, 766 So.2d 1234, 1235 (Fla. 1st DCA 2000). The review of the trial court’s application of the law to the facts of the case is de novo. Id. Section 933.18, Florida Statutes (2005), provides that a search warrant shall not be issued unless “(5) The law relating to narcotics or drug abuse is being violated therein.” For a warrant to be valid, it must contain an allegation that a present or known violation is occurring in *149 the home to be searched....

...This evidence was suppressed by the trial judge on the theory that the wife has no authority to consent to a search. Our statutes allow the issuance of a warrant for the search of a dwelling in which “a weapon, instrumentality, or means by which a felony has been committed is contained therein.” Fla.Stat. § 933.18(6), F.S.A....