Florida Statutes 847.08 – Hearings for determination of probable cause
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Terms Used In Florida Statutes 847.08
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Obscene: means the status of material which:(a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;(b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. See Florida Statutes 847.001
- Person: includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 847.001
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
Whenever an indictment, information, or affidavit is filed under the provisions of ss. 847.07–847.09, the state attorney or his or her duly appointed assistant may apply to the court for the issuance of an order directing the defendant or his or her principal agent or bailee or other like person to produce the allegedly obscene materials at a time and place so designated by the court for the purpose of determining whether there is probable cause to believe said material is obscene. After hearing the parties on the issue, if the court determines probable cause exists, it may order the material held by the clerk of the court pending further order of the court. This section shall not be construed to prohibit the seizure of obscene materials by any other lawful means.