Hawaii Revised Statutes
803. Arrests, Search Warrants
803-34 Contents.

§803-34 Contents. The warrant shall be in writing, signed by the judge or magistrate, with the judge's or magistrate's official designation, or issued pursuant to section 803-33.5, and shall be directed to a sheriff or other officer of justice, and commanding the sheriff or other officer to search for and bring before the judge or magistrate the property or articles specified in the affidavit, to be disposed of according to justice, and also to bring before the judge or magistrate for examination the person in whose possession the property or articles may be found. The warrant shall identify any individual or entity authorized pursuant to section 803-37 to provide technical assistance to the sheriff or officer. [PC 1869, c 48, §5; RL 1925, §3962; RL 1935, §5414; RL 1945, §10719; RL 1955, §255-19; HRS §708-34; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2017, c 196, §2; am L 2019, c 117, §3]
Case Notes
Absolute certainty, that objects sought are where the affidavit alleges, is not required. 56 H. 366, 537 P.2d 8 (1975).
See 3 H. 393 (1872).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 38. Procedural and Supplementary Provisions

803. Arrests, Search Warrants

803-1 Arrest; by warrant.

803-2 By oral order.

803-3 By person present.

803-4 On suspicion.

803-5 By police officer without warrant.

803-6 Arrest, how made.

803-7 Use of force.

803-8 Weapons on person arrested.

803-9 Examination after arrest; rights of arrested person.

803-10 Penalty.

803-11 Entering house to arrest.

803-16 Officer of United States Customs and Border Protection Service or Citizenship and Immigration Services; arrest powers.

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.

803-24 War vessels excepted.

803-31 Search warrant; defined.

803-32 Purposes.

803-33 Affidavit.

803-33.5 Warrants issued on oral statements or electronic communications.

803-34 Contents.

803-35 Deputies or police officers may serve.

803-36 Notice to applicant.

803-37 Power of officer serving.

803-38 Munitions of war.

803-41 Definitions.

803-42 Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited.

803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture.

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 Reports concerning intercepted wire, oral, or electronic communications; reports concerning pen registers and trap and trace devices.

803-47.5 Disclosure of contents of communication while in electronic storage.

803-47.6 Requirements for governmental access.

803-47.7 Backup preservation.

803-47.8 Delay of notification.

803-47.9 Cost reimbursement.

803-48 Recovery of civil damages authorized.

803-48.5 Injunction against illegal interception. Whenever it appears that any person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this part, the attorney general may initiate a civil action in...

803-49 Severability.

803-50 REPEALED.