§803-44 Application for court order to intercept wire, oral, or electronic communications.

306 words·~1 min read·/hi/chapter-803/803-44

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§803-44 Application for court order to intercept wire, oral, or electronic communications. The attorney general of this State, or a designated deputy attorney general in the attorney general's absence or incapacity, or the prosecuting attorney of each county, or a designated deputy prosecuting attorney in the prosecuting attorney's absence or incapacity, may make application 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, in the county where the interception is to take place, for an order authorizing or approving the interception of wire, oral, or electronic communications, and the court may grant in conformity with section 803-46 an order authorizing or approving the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, if the interception might provide or has provided evidence of:

(1)Murder;

(2)Kidnapping;

(3)Labor trafficking in the first degree;

(4)Labor trafficking in the second degree;

(5)Felony criminal property damage involving the danger of bodily injury as defined in section 707-700;

(6)Distribution of dangerous, harmful, or detrimental drugs;

(7)Conspiracy to commit one or more of the above; or

(8)Involvement of organized crime and any of the following felony offenses:

(A)Extortion;

(B)Bribery of a juror, witness, or police officer;

(C)Receiving stolen property;

(D)Gambling;

(E)Money laundering; and

(F)Sex trafficking. [L 1978, c 218, pt of §2; am L 1986, c 303, §4; am L 1989, c 164, §6; am L 2006, c 200, pt of §4; am L 2011, c 146, §3; am L 2016, c 206, §18]

Revision Note

In paragraph (6), "or" deleted pursuant to §23G-15.