2014 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
803. Arrests, Search Warrants
803-31 Search warrant; defined.
Cross References
See Const. art. I, §7.
Rules of Court
Search and seizure, 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 (1883).
This is a definition and warrant may issue to obtain article from one not accused. 6 H. 684 (1888).
Liquor. 28 H. 173 (1925).
Requirements of probable cause based upon hearsay construed. 60 H. 205, 588 P.2d 909 (1978).
Section (pre-1998) does not permit the issuance of an anticipatory search warrant. 87 H. 80, 951 P.2d 1243 (1998).
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 (1998).
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