- (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]