§803-32 - Purposes. - Hawaii Statutes

     §803-32  Purposes.  The power of granting this writ is one in the exercise of which much is necessarily left to the discretion of the magistrate, but, except in cases where this power is elsewhere specially granted by statute, search warrants can be granted only for the following purposes:

     (1)  To seize any article or thing the possession of which is prohibited by law;

     (2)  To discover property taken by theft or under false pretenses, or found and fraudulently appropriated;

     (3)  To seize forged instruments in writing, or counterfeit coin intended to be passed, or the instruments or materials prepared for making them;

     (4)  To seize arms or munitions prepared for the purpose of insurrection or riot;

     (5)  To discover articles necessary to be produced as evidence or otherwise on the trial of any one accused of a criminal offense. [PC 1869, c 48, §3; am L 1876, c 52, §1; RL 1925, §3960; am L Sp 1933, c 16, §1; RL 1935, §5412; RL 1945, §10717; RL 1955, §255-17; HRS §708-32; ren L 1972, c 9, pt of §1]

 

Case Notes

 

Prior to Hawaii Rules of Criminal Procedure.

  Search warrant can be issued only for purposes set forth in the statute.  3 H. 393.

  Can be issued only for purposes named.  4 H. 584.  Otherwise void.  5 H. 537.

  To authorize the seizure of "articles to be used as evidence" the "articles" themselves should be evidence.  6 H. 684.