(a) The attorney general of this State or the prosecuting attorney for each county, or a subordinate designated to act in either’s absence or incapacity, may apply in writing under oath or equivalent affirmation to a designated judge or any other circuit court judge or district court judge, if a circuit court judge has not been designated by the chief justice of the Hawaii supreme court, or is otherwise unavailable, for an order or an extension of an order to authorize the installation and use of a pen register or a trap and trace device.

Terms Used In Hawaii Revised Statutes 803-44.5

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Designated judge: means a circuit court judge designated by the chief justice of the Hawaii supreme court to issue orders under this part. See Hawaii Revised Statutes 803-41
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or cellular network to which the device is connected, or that identifies the numbers that a device uses to connect to a wire or electronic communications service, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business. See Hawaii Revised Statutes 803-41
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trap and trace device: means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Hawaii Revised Statutes 803-41
(b) The application shall include:

(1) The identity of the official making the application and the law enforcement agency conducting the investigation; and
(2) The facts and circumstances relied upon by the applicant to conclude that there is probable cause to believe that information will be obtained through the installation and use of a pen register or trap and trace device that will constitute the fruits, instrumentalities, or evidence of a crime covered under this part.
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