§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.