§803-31 - Search warrant; defined. - Hawaii Statutes

PART III.  SEARCH WARRANTS

 

Cross References

 

  See Const. Art. I, §7.

 

Rules of Court

 

  See HRPP rule 41.

 

     §803-31  Search warrant; defined.  A search warrant is an order in writing made by a judge or other magistrate, directed to an officer of justice, commanding the officer to search for certain articles supposed to be in the possession of or which are anticipated to be in the possession of one who is charged with having obtained them illegally, or who keeps them illegally, or with the intent of using them as the means of committing a certain offense. [PC 1869, c 48, §2; RL 1925, §3959; RL 1935, §5411; RL 1945, §10716; RL 1955, §255‑16; HRS §708‑31; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1998, c 65, §2]

 

Case Notes

 

  Void warrant.  4 H. 584.

  This is a definition and warrant may issue to obtain article from one not accused.  6 H. 684.

  Liquor.  28 H. 173.

  Requirements of probable cause based upon hearsay construed.  60 H. 205, 588 P.2d 909.

  Section (pre-1998) does not permit the issuance of an anticipatory search warrant.  87 H. 80, 951 P.2d 1243.

  Where 1998 amendment to section did not express a legislative intent that it be applied retroactively, amendment does not apply retroactively.  88 H. 433, 967 P.2d 265.