{"id":33190,"date":"2018-05-27T02:52:43","date_gmt":"2018-05-27T07:52:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33190"},"modified":"2018-05-27T02:53:23","modified_gmt":"2018-05-27T07:53:23","slug":"fl4-state-law-doesnt-bar-officer-from-getting-sw-out-of-jurisdiction","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33190","title":{"rendered":"FL4: State law doesn’t bar officer from getting SW out of jurisdiction"},"content":{"rendered":"

State law does not limit a law enforcement officer from applying for a search warrant outside the officer\u2019s territorial jurisdiction. [Neither does the Fourth Amendment, but it isn\u2019t even cited.] State v. Stouffer<\/a>, 2018 Fla. App. LEXIS 7274 (Fla. 4th DCA May 24, 2018). Other jurisdictions are in accord:
\n<\/p>\n

Further, other states with similar search warrant statutes have allowed any person to be authorized to apply for a search warrant. See State v. Lewis, 5 So. 3d 317, 2009 La. App. Unpub. LEXIS 89 (La. Ct. App. 2009) (affirming denial of motion to suppress where officer obtained search warrant outside jurisdiction and Louisiana statutes allow any “credible person” to apply for a search warrant); Dickey v. State, 816 S.W.2d 832, 834 (Tex. Ct. App. 1991) (affirming denial of motion to suppress where peace officer acting outside jurisdiction obtained search warrant and Texas statute allowed anyone to file an affidavit for a search warrant); see also Hill v. State, 134 Md. App. 327, 759 A.2d 1164, 1173 (Md. Ct. Spec. App. 2000) (declining to “read into the statute an additional requirement that the officer applying for the warrant have the powers of a police officer within the jurisdiction in which the items to be seized are located”); United States v. Freeman, 897 F.2d 346, 348 (8th Cir. 1990) (finding procedural failing did not require exclusion of evidence where search warrant was obtained by department of revenue investigator rather than “peace officer or prosecuting attorney” as required by statute).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

State law does not limit a law enforcement officer from applying for a search warrant outside the officer\u2019s territorial jurisdiction. [Neither does the Fourth Amendment, but it isn\u2019t even cited.] State v. Stouffer, 2018 Fla. App. LEXIS 7274 (Fla. 4th … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[37],"tags":[],"class_list":["post-33190","post","type-post","status-publish","format-standard","hentry","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33190","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=33190"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33190\/revisions"}],"predecessor-version":[{"id":33192,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33190\/revisions\/33192"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33190"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33190"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33190"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}