Public-domain · open source
OpenJurist

Haw. Rev. Stat. § 803-32

Purposes

Applied in 2 court decisions — leading case State v. Intercontinental, Ltd. (1985)

Most recently applied in State v. Rothman (August 1989)

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

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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.