SUMMER - 2002


By: Judge David A. Demers

Sixth Judicial Circuit

545 First Ave. No.
St. Petersburg, Fl. 33701
(727) 582 7839


RULE 3.190(h)

Chapter 933 Fla. Stat.


This outline covers Florida case law, rules, and statutory provisions on search and seizure. It also covers many U.S. Supreme Court decisions. It is used in Advance Judicial Studies and as part of the pretrial material in the Florida Judicial College’s March program.

This material is extensive and should provide a good start in dealing with most search and seizure problems. It is an ongoing project. It is difficult to keep the outline updated because of the volume of material, the fact that I want to read and summarize the cases that go into the outline, and other demands. In the past year a lot of material has been added, but it is important to follow certain steps in using the material. First, be sure to read all of the authorities in the outline on a particular subject to determine whether there have been changes in the law or whether there are conflicts. Second, remember that the outline does not contain all the authorities on any topic. Third, the law changes rapidly, so it is wise to shepardize or key cite these authorities before you rely on them.

This material was prepared to provide the judges of this state with a lot of law on search and seizure issues that arise in Florida courts in a relatively useable format. It has a comprehensive table of contents and index to help accomplish that goal. But it is extremely important that the user treat it as an aid and use it in conjunction with other tools and methods, including inquiry of counsel during hearings.
Judge Demers has kindly granted us permission to post his outline from the Conference of County Judges Summer Conference 2002. . We have done our best to check for any inaccuracies in setting this up for your viewing. We have attempted to provide "bookmarks" and links to each of the outline sections. While it would be impossible for us to provide links to all of the citations included in the outline, if you have access to Westlaw or Lexis you may log in and then choose a case from the outline for further research. 

To choose a case you wish to view in Westlaw or Lexis, open Westlaw in a new window in your browser, then from the outline, highlight the case, right click and choose Copy from the drop-down menu, (Cntrl C), tab back to Westlaw and in the Citation search block, right click and choose Paste (Cntrl V), and you will go right to the case.

Updated 06/09/2004


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