What are the search warrant requirements in Florida?
Florida's warrant procedure is codified in Chapter 933 of the Florida Statutes and constrained by a constitutional conformity clause adopted in 1982.
1. Constitutional Foundation
The Fourth Amendment governs through Fla. Const. art. I § 12, which expressly requires Florida courts to construe search and seizure rights "in conformity with the 4th Amendment" as interpreted by the U.S. Supreme Court. Florida cannot provide greater protection than federal doctrine.
2. Probable Cause & Affidavit
Section 933.06 requires a sworn affidavit setting forth facts establishing probable cause. The warrant must particularly describe the place to be searched and the items to be seized (§ 933.05). Stale facts undermine probable cause; anticipatory warrants are permitted with a clear triggering condition (United States v. Grubbs).
3. Who Issues
Section 933.01 authorizes any judge of a court of record having jurisdiction where the place to be searched is located. The judge must be neutral and detached.
4. Execution
Section 933.09 codifies knock-and-announce: officers may break open doors only after notice of authority and purpose and refusal of admittance. No-knock warrants require judicial pre-authorization based on danger or destruction (State v. Bamber). Section 933.05 requires execution within 10 days, and § 933.101 generally limits service to daytime (7 a.m.-10 p.m.) unless the affidavit shows positive cause for nighttime service (§ 933.18).
5. Scope & Plain View
Search must be limited to areas where listed items could reasonably be hidden. Plain-view seizure is permitted when officers are lawfully present and the item's incriminating nature is immediately apparent (Horton v. California).
6. Exceptions to the Warrant Requirement
Consent, search incident to arrest, exigent circumstances, automobile (Carroll), inventory, protective sweep, and Terry frisk.
7. Suppression
Evidence obtained in violation is subject to the federal exclusionary rule. Because of art. I § 12's conformity clause, Florida applies the Leon good-faith exception (State v. Garcia).
This is legal information, not legal advice.
- Evidence seized via a no-knock warrant or after a forced nighttime entry
- Items seized outside the warrant's particular description
- An anticipatory warrant was executed before the triggering condition occurred
- Fla. Stat. §§ 933.01-933.40
- Fla. Stat. § 933.05
- Fla. Stat. § 933.09
- Fla. Stat. § 933.18
- U.S. Const. amend. IV
- Fla. Const. art. I § 12
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.