PART III.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

PART III. SEARCHES, SEARCH WARRANTS

Note

Part heading amended by L 2025, c 245, §3.

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 or issued otherwise pursuant to section 803‑33.5 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 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.

A search warrant may identify an individual or entity authorized pursuant to section 803-37 to provide technical assistance to the officer. [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; am L 2017, c 196, §1; am L 2019, c 117, §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).