Kaplan v. State

347 So. 2d 659

• Court: District Court of Appeal of Florida
• Decided: May 27, 1977
• Docket: No. 76-1491
• Status: Published

Opinion

PER CURIAM.

The appellant, Robert C. Kaplan, challenges the sufficiency of an application for a search warrant made by a private citizen. We affirm.

Kaplan contends that a private citizen has no authority to apply for a search warrant. There is no Florida statute or rule restricting private citizens from signing applications for search warrants. Indeed, the firsthand quality of the information sworn to by a private citizen may be superior to hearsay statements presently allowed under the law to support search warrant applications.¹ The same safeguards and other legal requirements for the issuance and service of search warrants apply regardless of who signs the application.² We have also examined the contents of the application and find them sufficient to support the issuance of the warrant.

AFFIRMED.

MAGER, C. J., and ALDERMAN and ANSTEAD, JJ., concur.

1 . State v. Crisp, 307 So.2d 454 (Fla. 4th DCA 1975); State v. Niles, 307 So.2d 455 (Fla. 4th DCA 1975).

2 . Sections 933.04 and 933.07, Florida Statutes (1975).