§803-44 - Application for court order to intercept wire, oral, or electronic communications.
§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 such 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) Felony criminal property damage involving the
danger of bodily injury as defined in section 707-700;
(4) Distribution of dangerous, harmful, or
detrimental drugs; or
(5) Conspiracy to commit one or more of the above;
or involving
(6) Organized crime and any of the following felony
offenses:
(A) Extortion;
(B) Bribery of a juror, of a witness, or of a
police officer;
(C) Receiving stolen property; and
(D) Gambling; and
(E) Money laundering. [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]
Revision Note
Paragraphs and subparagraphs redesignated pursuant to
§23G-15(1).