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Hawaii Revised Statutes

Haw. Rev. Stat. § 803-44.7 (2026)

Application for authorization to install and use a mobile tracking device

✓ current as of July 2026
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     §803-44.7  Application for authorization to install and use a mobile tracking device.  (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.

     (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. [L 1989, c 164, pt of §2; am L 2006, c 200, pt of §4]

 

 

Notes of Decisions
Cited in 2 cases, 2009–2010 · leading case: People v. Weaver, 909 N.E.2d 1195 (NY 2009).
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People v. Weaver, 909 N.E.2d 1195 (NY 2009). “6 [A] [no warrant for tracking device “shall issue unless probable cause is shown for believing that such installation or use will lead to the discovery of evidence, fruits, or instrumentalities of the commission or attempted commission of an offense”]; Haw Rev Stat § 803-44.7…”
State v. Holden, 54 A.3d 1123 (Del. Super. Ct. 2010). “6 (Requiring a warrant to be issued upon "probable cause [ ] shown for believing that such installation or use will lead to the discovery of evidence”); Haw.Rev. Stat. § 803-44.7 (Warrant required based on probable cause); Minn.”
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