Search Warrants

Not codified in the Florida Statutes.

Subsection (6) is added to section 933.02, Florida Statutes, to read:

933.02 Grounds for issuance of search warrant.—Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:

(6) To recover a deceased body.

This section also applies to any papers or documents used as a means of or in aid of the commission of any offense against the laws of the state.

933.05 issuance in blank prohibited.—

A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized; no search warrant shall be issued in blank,

and any such warrant shall be returned within 10 days after issuance thereof, except that a search warrant issued

For a computer, a computer system, or an electronic device, as those terms are defined in s. 815.03, that is in the actual possession of a law enforcement agency at the time such warrant is issued shall be returned to the court within 45 days after issuance thereof.

933.05 Issuance and return of search warrants; issuance in blank prohibited.—

(1) A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized. A search warrant may not be issued in blank.

(2) A search warrant must be returned within 10 days after issuance, not including the date of issuance , except that a search warrant issued:

(a) To an out-of-state provider for electronic communications data as described in s. 934.23 must be returned within 20 days.

(b) To search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples, or to seize specimens pursuant to s. 943.325 for entry into the DNA database must be returned within 30 days.

(c) For a computer, a computer system, or an electronic device, and any data or information contained in such computer, computer system, or electronic device , must be returned within 365 days .

(3) If a search warrant is issued to search for and seize a computer, a computer system, or an electronic device, and any data or information contained in such computer, computer system, or electronic device, such warrant is considered timely executed if the computer, computer system, or electronic device was seized by a law enforcement agency within 10 days of the issuance of the search warrant, not including the date of issuance.

(4) This section does not require a law enforcement agency to complete the analysis or review of data or information contained in a computer, computer system, or electronic device within the period provided in subsection (2) if such computer, computer system, or electronic device was timely seized by a law enforcement agency under subsection (3).

(5) For purposes of this section, the terms "computer," "computer system," and "electronic device" have the same meaning as in s. 815.03.