Polynesian., 1850-08-24
Bp Antboritp.
AN ACT
ESTABLISHING A PENAL CODE.
fH,..s:u.,.I f:.,... LET ..,.I.

AN Az
ESTABLISHING A PENAL CODE.
(Cost;naed from last sceek.)
CHATTER XLIX.-Search Waryants.
|. Another means of preventing the COM
mission Of offenses, and of detecting them
when committed, is by the issuing Of search
warrants.
2. A search warrant is an order in wr-
ting made by justice, or other magistrate,
directed 10 an officer Of justice, command
ing him to search for certain articles sup
posed TO be in the possession Of one who is
charged with having obtained the millegaIly,
or who keeps them illegally, or with the
intent Of using them as the means Of COM
mitting certain offense.
8. 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 else
where specially granted by statute, search
warrants can only be granted for the fol-
lowing purposes, viz:
To discover property taken by theft or
under false pretenses, or found and fraudu-
lently appropriated:
To seize forged instruments in writing,
or counterfeit coin intended to be passed,
or The instruments or materials prepared for
making them
To seize arms or munitions prepared for
the purpose of insurrection or riot:
To discover articles necessary to be
produced as evidence or otherwise on the
trial of any one accused of crime.
4. A search warrant can be granted in
no case, but on an affidavit setting forth suf-
fcient facts in the opinion of the magistrate
TO justify the issuing of such warrant.
5. The warrant must be in writing, sign
ed by the magistrate with his official desig-
nation, directed to some sheriff or other
officer of justice and commanding such
sheriff or other officer to search for and
bring before the magistrate the property or
posed Of according to justice and also TO
bring before him the person in whose pos
session the property or articles may be
found for examination.
6. If the search warrant be directed to a
sheriff or perfect Of police it may be exc
cuted by him or any of his deputies.
z. Before executing the warrant the
officer must give notice to the person who
applied for it, that he may be present and
identify the property if found.
g. The officer charged with the warrant,
if house, store, or other building, is desig-
mated as the place to be searched, may
enter it without demanding permission if he
finds it open if The doors be shut he must
declare his office and his business, and de-
mand entrance if the doors, gates or other
bars to the entrance be not Immediately
openeS he may break them. When en-
tered, he may demand that any other part
Of the house, or any closet, or other closed
place in which he has reason to believe the
property is concealed, may be opened for
his inspection, and if refused he may break
them.
9. The warrant mus be executed in the
presence of two inhabitants of the district,
and an inventory Of the property seized must
be made before it is removed, and signed
| BY the officer and the two in habitants.
/ CHAPTER L.-.4Irests.
/. No arrest Of anyperson shall be made
without first obtaining warrant or other
process therefor from some magistrate, ex
cept in the cases in this chapter hereinafter
provided.
| 2. Where breach Of the peace or 9TH
er offense has been committed, and the
offender shall endeavor to escape, he may
be arrested by virtue Of verbal order ol
any magistrate, or without such order, if NO
magistrate be present
5 Any one in the act of committing a
crime, may be arrested by any person pre-
sent, without a warrant.
] 4. Whenever a crime is committed, and
the offenders are unknown, and any person
shall be found near the place where the
crime was committed either endeavoring to
conceal himself, or endeavoring-to escape,
or under such other circumstances as to
justify reasonable suspicion Of his being
the offender, such person may be arrested
without warrant.
5. Policemen, or other officers OF justice,
in any sea port or town, even in cases where
il is not certain that an ofense has been
committed, may, without warrant, arrest
and detain for examination, such persons
as may be found under such circumstances
as justify reasonable suspicion that they
have committed or intend to commit an
Offense.
6. AT or before The time of making an
arrest, the person must declare that he is an
officer Of justice, if such be the case. II
he have a warrant he should show it II re-
quircd or il he make the arrest without
warrant in any Of the cases in which it is
authorized by law he should give the par
ty arrested clearly to understand, for what
cause he undertakes to make the arrest, and
must require him to submit and accompany
him to the Jail or magistrate. This done,
the arrest is complete.
z. In all cases where the person arrested
refuses to submit, or attempts 10 escape,