The Hawaiian gazette., 1872-11-20
Ocro8Ez TEzx. 1872

TEg Ealg rs. Al Lou You and 9th Is.
A1rsS. c. J. HazrEs1l- and WIDENANN. J. J.
chef Justice A11ES delivered the decision Of
the Court
This L an Indictment against the defendants
for obs.ructus q P1bEc 0fi-er il the discharge OF
his duty. It appeared b. the testimony u the
oEcsr. no saz ! constable, that ! warrant was
issued By Distrtc; Magistrate Of Auah0ll, on
the Izl11d Of Kauai. directing hin to proceed 70
tie toass Of one Of the defendants, Al Loa I0a,
In sane District. ard Ehsrs the other defendants
we're living. TO search Tor okoIshl0- It appeared
further that the warrant ~as issued upon oath
The adufssf5iiry Of this testimony vas objected
to on the sr5-ud that the original warrant, ana
lie af5Izvit upou which it vas fJaadei should Be
uroducsi- 1. zas further objected b. the counsel
that zsarch-sarraHt for the parP0<s Of search
inc for and seizilz okglan1o could not be legally
issued
It Is declared 5y Article y Ct the Constitution
that livery person has tie right to be secure
from al unreasonable searches and seizures Of his
persQu. bis house hi> papers and effects and 10
xarrants shall Issus. bat On probable cause, sup
ported bv oath u Affirmation, and describing the
pla.s 10 Be searched and the persons O. things to
Be seiz=d-7
b the s0lss Section Of the Civil Code. 4
search-sarra1g nay be issued whea good aud sat
sfactory reasons are shown for believing that ore
< wroaefuIIy secretiug property Of another or his
Own 70 The prsj1d=ce Of another, to search the
person or premises Of the ore suspected, and to
take the property sec-stsd by him for some il
ciaI parpose to Be stated IL the application ard
the Iszality Of which shall Dc determined BY sald
Justice
The form Of the warrant il presented. IN which
i set forth that the party Is secreting property
With intent to defraud the person % whose inf1r-
matt9u the warrant has been Issued, and that q
boud has been giysu zith surety 70 respond IN
damages II consequence Of this act, if afiudged
10 Be wroagfaI trezPazs-
The oaIy pgrpo=e for which this warrant could
have been legally issued. Is 10 discover articles
nseessarT 70 be prod1eed in evidence Or other
wise o. The trial Of any one accused Of crime
A ssarch-zarraat cannot be granted unless on
n s5lavit setting forth Sufficient facts in the
opinion Of The Magistrate. to justify the isz1ing
n sueh vibrant. and lie cannot legally Issue 5
ssar-h-zarraut unl=sz for the PurPoses set forth
"a The Statute. It sh9aii appear that OF iafor-
nation given on cath. ard to the satisfaction Of
the Magistrate that the party whose premises are
70 b searched had in his possession. IN the case
a. bar for ezapls. thai the search s1s instituted
for The parpo=e Of discovering said article that it
-fys, b pr0daeed Is evidence or otherwise O.
tbs rial Of one accazed Of eEine- lis process
rhich tie Coasrituslou sajoiaz shan Be Issued
ui.h great canton. Is sTsry person has right to
b. seeurs from al uuzar7aaiabIs searches and
sefzares-
tru ! crue to L-ze okoIehao in poses
z591- ard 4 search-aarraat cannot b legally Z
sad for is ssarch and seizure uuless the PuTPoss
Is to u-0daes the sane II evidence o. the trIai O.
oae aecuzcd Ct crime-
Tie best evidence II the Csc Is the warrant
itself and the sane should have ben iBtrO-
duced. OF is los accounted for, before second
Az evidence ol It's eontenis e0uh lave been ID
;rod.esd- There Is 10 process where the az en
Joins saeb care a1i circumsPectiou il is services
AZ searrh-warrzzt
In the zzrrzas The cheer : ordered 70 search
! for ard bring before the Magistrate The property
s1eciE=d IN the z5daTft Of the informant, to y
disposed Of according to justice ard also tc