Reading A Search Warrant
Fla. Stat. 933.05 — probable cause, particular description, and 10 days
In Florida, no search warrant issues except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and thing to be seized. The warrant names or describes the person, place or thing to be searched, may not be issued in blank, and is signed by the judge who issues it.
| What to look at | What the statutes say |
|---|---|
| What to look atWhen it may be served | What the statutes sayIn the daytime, or at night only if the judge expressly authorized it in the warrant |
| What to look atHow old it is | What the statutes sayIt is returned within 10 days after issuance, not counting the day it issued |
| What to look atA warrant for a computer or phone | What the statutes sayTimely if the device was seized within 10 days; it may be returned within 365 days |
| What to look atWhat the grounds are | What the statutes sayStolen property, property used to commit a crime, evidence of a felony, and the other grounds the statute lists |
The person named gets a copy, and a detailed inventory of anything taken. Warrants issue in duplicate, and the officer serving one delivers a copy to the person named in it or, if that person is absent, to someone in charge of or living on the premises. When property is taken, the officer delivers a written, detailed inventory and receipt, or leaves the receipt on the premises if no one is there.
An officer may break open an outer or inner door or window of a house to execute the warrant if, after due notice of the officer's authority and purpose, the officer is refused admittance.
Warrants for data from an out of state electronic communications provider, and for DNA specimens, have their own return periods.
Sources for this section (7)
- Fla. Stat. 933.04 — Affidavits
- Fla. Stat. 933.05 — Return of search warrant, and when it becomes void
- Fla. Stat. 933.11 — Inventory of property taken, and copy of the warrant
- Fla. Stat. 933.07 — Issuance of search warrant
- Fla. Stat. 933.10 — Execution of search warrants on Sunday or at night
- Fla. Stat. 933.02 — Grounds for issuance of search warrant
- Fla. Stat. 933.09 — Officer may break open door, etc., to execute warrant
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.