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;

Terms Used In Hawaii Revised Statutes 803-32

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.

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