§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]
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 1989–2021 · leading case:
State v. Rothman, 779 P.2d 1 (Haw. 1989).
State v. Rothman, 779 P.2d 1 (Haw. 1989).
· cites it 6× “It therefore does not literally fall within the scope of those things for which a search warrant is authorized under HRS § 803-32. The same can be said on a literal interpretation of HRPP 41(b).”
State v. Higheagle (Haw. App. 2021).
· cites it 2× “5 HRS § 803-32(5) provides as follows: 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…”
Haw. Rev. Stat. § 803-32(5): 1 case
State v. Higheagle (Haw. App. 2021).
“5 HRS § 803-32(5) provides as follows: 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…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.