§803-44.5 - Application for a pen register or a trap and trace device.
§803-44.5 Application for a pen register or
a trap and trace device. (a) The attorney general of this State or the
prosecuting attorney for each county, or a subordinate designated to act in
either's absence or incapacity, may apply in writing under oath or equivalent
affirmation 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, for an order
or an extension of an order to authorize the installation and use of a pen
register or a trap and trace device.
(b) The application shall include:
(1) The identity of the official making the
application and the law enforcement agency conducting the investigation; and
(2) The facts and circumstances relied upon by the
applicant to conclude that there is probable cause to believe that information
will be obtained through the installation and use of a pen register or trap and
trace device that will constitute the fruits, instrumentalities, or evidence of
a crime covered under this part. [L 1989, c 164, pt of §2; am L 2006, c 200, pt
of §4]