(a) A governmental entity may as part of a request for a court order include a provision that notification be delayed for a period not exceeding ninety days if the court determines that notification of the existence of the court order may have an adverse result.

Terms Used In Hawaii Revised Statutes 803-47.8

  • 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
  • electronic communication: includes , but is not limited to, "display pagers" which can display [a] visual message as part of the paging process, but does not include:

    (1) Any wire or oral communication;

    (2) Any communication made through a tone-only paging device;

    (3) Any communication from a tracking device; or

    (4) Electronic funds transfer information stored by [a] financial institution in a communications system used for the electronic storage and transfer of funds. 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.
  • 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
  • Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communication system. See Hawaii Revised Statutes 803-41
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) An adverse result for the purpose of subsection (a) of this section is:

(1) Endangering the life or physical safety of an individual;
(2) Flight from prosecution;
(3) Destruction of or tampering with evidence;
(4) Intimidation of a potential witness; or
(5) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(c) Extensions of delays in notification may be granted up to ninety days per application to a court. Each application for an extension must comply with subsection (e) of this section.
(d) Upon expiration of the period of delay of notification, the governmental entity shall serve upon, or deliver by registered mail to, the customer or subscriber a copy of the process or request together with notice that:

(1) States with reasonable specificity the nature of the law enforcement inquiry; and
(2) Informs the customer or subscriber:

(A) Information maintained for the customer or subscriber by the service provider or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place;
(B) Notification of the customer or subscriber was delayed;
(C) The governmental entity or court that made the certification or determination upon which the delay was made; and
(D) The provision of this part that allowed the delay.
(e) A governmental entity may apply to the designated judge or any other circuit judge or district court judge, if a circuit court judge has not yet been designated by the chief justice of the Hawaii supreme court, or is otherwise unavailable, for an order commanding a provider of an electronic communication service or remote computing service to whom a search warrant, or court order is directed, not to notify any other person of the existence of the search warrant, or court order for such period as the court deems appropriate not to exceed ninety days. The court shall enter the order if it determines that there is reason to believe that notification of the existence of the search warrant, or court order will result in:

(1) Endangering the life or physical safety of an individual;
(2) Flight from prosecution;
(3) Destruction of or tampering with evidence;
(4) Intimidation of potential witnesses; or
(5) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.
  Previous
Next  
 Part IV Contents