§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]