Legal Question in Criminal Law in Hawaii

when issued a search warrant must it be stamped with the state seal and stamp by the judge and if on the search warraant states that they are looking for one particular thing and they dont find what they came here for but they found something else can they charge me with that


Asked on 3/31/11, 5:20 pm

1 Answer from Attorneys

Rustam Barbee Rustam A. Barbee, Attorney at Law

Generally, a search warrant must be signed by the approving Judge and filed in the issuing court. Evidence may be seized pursuant to a warrant where the item is such as listed to be searched for or is found in "plain view" during execution of the warrant in a place where the initial item(s) could have been concealed and the item is clearly criminal in nature. For example, where the warrant is for illegal firearms, the police may seize illegal drugs found in a closet or drawer. On the other hand, they may not search and seize items from a kitchen drawer where the warrant is to search a garage for a stolen motorcycle.

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Answered on 4/20/11, 8:35 pm


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