(a) A search warrant or court order must be obtained from the 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, to install a mobile tracking device. The order may authorize the use of that device within the jurisdiction of the court and outside that jurisdiction, if the device is installed in that jurisdiction.

Terms Used In Hawaii Revised Statutes 803-44.7

  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means any official, employee, or agent of the United States or this State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Hawaii Revised Statutes 803-41
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Tracking device: means an electronic or mechanical device that permits the tracking of the movement of a person or object, but does not include a device when installed:

    (1) In a motor vehicle or other vehicle by or with the permission of the owner or person in lawful possession of the motor vehicle or other vehicle for the purpose of tracking the movement of the motor vehicle or other vehicle; or

    (2) By or at the request of a police department or law enforcement agency in a "bait vehicle". See Hawaii Revised Statutes 803-41

(b) If, upon application to the designated judge for a court order, the designated judge should satisfy itself that there are sufficient facts and circumstances contained within the application to establish probable cause to believe that the use of a mobile tracking device will discover the fruits, instrumentalities, or evidence of a crime or is relevant to an ongoing criminal investigation.
(c) If the designated judge is so satisfied, it shall issue an order specifying:

(1) The identity, if known, of the person who is the subject of the investigation;
(2) The number of mobile tracking devices to be used and the geographical location(s) where the devices are to be installed; and
(3) The identity, if known, of any person who may have a privacy interest in the point of installation of the mobile tracking device.
(d) An order authorizing installation and use of a mobile tracking device shall not exceed sixty days. Extensions of the orders may be granted only upon reapplication establishing probable cause to justify the continued use of a mobile tracking device. The period of the extension shall not exceed sixty days.
(e) The order shall direct that the order be sealed until otherwise directed by the court.

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