§803-33 Affidavit. A search warrant can be granted in no case but on an affidavit setting forth sufficient facts in the opinion of the magistrate to justify the issuing of the warrant. [PC 1869, c 48, §4; RL 1925, §3961; RL 1935, §5413; RL 1945, §10718; RL 1955, §255-18; HRS §708-33; ren L 1972, c 9, pt of §1]
Case Notes
Necessity of. 3 H. 393 (1872); 4 H. 584 (1883).
Nighttime search requires higher standard than probable cause. 56 H. 366, 537 P.2d 8 (1975).
Probable cause shown by affidavit can rest on hearsay, but some underlying circumstances should be set forth. 60 H. 205, 588 P.2d 909 (1978).
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
803-5 By police officer without warrant.
803-8 Weapons on person arrested.
803-9 Examination after arrest; rights of arrested person.
803-11 Entering house to arrest.
803-17 United States marshal or deputy United States marshal; arrest powers.
803-21 Fugitive criminal; surrender by master of vessel.
803-22 Secreting prisoners on board; penalty.
803-23 Searching vessels without warrant; penalty.
803-31 Search warrant; defined.
803-33.5 Warrants issued on oral statements or electronic communications.
803-35 Deputies or police officers may serve.
803-37 Power of officer serving.
803-44 Application for court order to intercept wire, oral, or electronic communications.
803-44.5 Application for a pen register or a trap and trace device.
803-44.6 Issuance of an order for a pen register or a trap and trace device.
803-44.7 Application for authorization to install and use a mobile tracking device.
803-45 Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
803-46 Procedure for interception of wire, oral, or electronic communication.
803-47.5 Disclosure of contents of communication while in electronic storage.
803-47.6 Requirements for governmental access.
803-47.8 Delay of notification.