Hawaii Warrant Search

A warrant search in Hawaii involves reviewing public records to determine if someone is wanted on outstanding warrants. This search may turn up bench warrants for missing court dates, active arrest warrants, or search warrants issued by the legal system. 

The Hawaii State Judiciary makes public records, including warrant information, available through the eCourt Kokua online system. In addition, the Hawaii Criminal Justice Data Center (HCJDC) keeps a statewide collection of criminal history records, including warrant data, up to date. For information about warrants, inquirers may also contact county sheriff's offices and local police agencies, such as the Honolulu Police Department, Hawaii County Police Department, or the Maui Police Department.

Are Warrants Public Records in Hawaii?

In Hawaii, warrants are considered public records, which means that members of the public may have access to them. Under Hawaii state law, public records are available unless otherwise exempted by law, specifically under the Uniform Information Practices Act (UIPA). However, access to these documents may be prohibited under some conditions, such as safeguarding the privacy rights of those concerned or disclosing information that could endanger the subject of the record. Redacted material may contain sensitive information, such as the identity of confidential informants or specifics that would jeopardize police enforcement operations.

People can request information about warrants from the Hawaii State Judiciary or the relevant law enforcement agency. The Judiciary's website has a searchable online database with some court records, including warrants. Furthermore, following the guidelines provided by UIPA, official written requests to the court clerks may be made to obtain physical records.

Types of Warrants in Hawaii

In Hawaii, arrest, bench, and search warrants are the primary forms of warrants.  However, the state also has other specialized warrants, such as penal summons and warrants for grand jury indictment. According to Hawaii's laws and statutes, the following is a breakdown of these warrants:

• Penal Summons: Under Hawaii Revised Statutes (HRS) Section 803-6, a penal summons is an alternative to an arrest warrant. Rather than being taken into custody immediately, it directs the defendant to appear in court at a designated time and location.
• Warrants for Grand Jury Indictments: Per Hawaii Revised Statutes (HRS) Section 801-1, a warrant for the accused person's arrest may be issued if a grand jury returns an indictment. This is done based on the grand jury's determination of probable cause.

What is a Search Warrant in Hawaii?

A search warrant is defined by Hawaii Revised Statutes §803-31 as an order, made by a judge or other magistrate, directed to an officer of justice, either in writing or otherwise, and directed to search for specific items that are believed to be in the possession of, or are expected to be in the possession of, a person who is accused of obtaining them illegally, keeping them illegally, or intending to use them as a means of committing a specific offense.

A search warrant serves the dual purpose of protecting against arbitrary searches and seizures and enforcing compliance with the Fourth Amendment of the United States Constitution and Article I, Section 7 of the Hawaii State Constitution.

Generally, applicants must satisfy the following requirements to get a search warrant:

• Plausible suspicion of a crime and evidence of the crime at the designated site.
• A court or magistrate must receive an affidavit from an officer outlining the circumstances that provide probable cause.
• The search location and the objects to be seized must be mentioned in the warrant.

Warrants for searches are typically issued for the following reasons:

• To reclaim any object or item whose possession is forbidden by law.
• To find property fraudulently appropriated, stolen, or obtained under pretenses.
• To confiscate written forgeries, counterfeit money meant for passing, or the tools or supplies needed to make them.
• To take possession of weapons or ammunition intended for rioting or revolt.
• To find items that must be presented, either as evidence or otherwise, during a criminal prosecution of a defendant.

Obtaining a Warrant Process

The law enforcement official drafts a thorough affidavit outlining the events and facts that support probable cause for the search. A magistrate or judge receives the affidavit and examines the facts to ascertain whether probable cause exists. If the judge or magistrate is convinced of probable cause, the search warrant is issued.

Warrants are typically issued in writing, signed by the judge or magistrate, and include their official designation, per section 803-33.5. The warrant will be directed to a sheriff or other officer of justice, instructing them to search for and bring before the judge or magistrate the property or articles mentioned in the affidavit, to be disposed of. Additionally, the warrant will require the person possessing the property or articles to be brought before the judge or magistrate for questioning.

Generally, law enforcement officials must execute the warrant within ten days of receiving it. Following the search, officers leave a copy at the searched place and submit an inventory of the confiscated goods to the court.

How Long Does It Take to Get a Search Warrant?

The time it takes to get a search warrant varies depending on the intricacy of the case and the judge's availability. A search warrant is usually obtained by writing an affidavit, presenting it to the court, and getting the court's permission. The Hawaii Revised Statutes §803-31 to §803-37 state that a district or circuit court judge may issue a warrant after evaluating the affidavit. In an emergency, this procedure can be accelerated. It might take longer in less urgent instances, though, as court schedules and administrative processes play a role.

What is an Arrest Warrant in Hawaii?

An arrest warrant is a writ issued by a court or magistrate in Hawaii that gives law enforcement permission to hold and arrest someone they believe has committed a crime. Hawaii Revised Statutes (HRS) § 803-1 through § 803-11 control the issue and execution of arrest warrants in Hawaii. These statutes specify the prerequisites and steps to obtain and carry out arrest orders.

A warrant may be issued per HRS § 803-1 if there is reasonable suspicion that someone has committed an infraction. The warrant must be based on a sworn complaint or affidavit outlining the specifics of the alleged crime.

In Hawaii, an arrest warrant typically includes the following information:

• The name of the person who will be arrested, or if the name is unknown, a thorough description.
• The precise crime that the defendant is alleged to have committed.
• The location and date of issue.
• The warrant's issuing magistrate or judge's signature.
• A direct order for the person to be brought before the court by law enforcement officials.

The components listed above guarantee that the warrant is particular, legitimately supported, and carried out in line with the law, safeguarding people's rights and upholding the fairness of the legal system.

Arrest Warrant Lookup in Hawaii

In Hawaii, obtaining access to the records for an arrest warrant lookup entails contacting the appropriate state agencies or local law enforcement organizations. Official sources can be consulted by phone, in-person visitation, or online database searches.

For instance, the state judiciary manages an online database called eCourt Kokua, which allows users to look up active warrants based on various search parameters, including the subject's name or case ID. Additionally, interested parties can validate active arrest warrants by using the Hawaii Criminal Justice Center's (HCJDC) eCrim online search engine, which allows users to check criminal history records.

Interested parties may also request access to these records in person at the Hawaii Criminal Justice Data Center's Criminal History Record Check Unit, which is located at 465 S. King Street, Room 102, Honolulu, HI 96813, (808) 587-3279. Simply fill out the request form with the required search parameters, such as name, sex, and date of birth.

The public can also get active warrant information from local law enforcement agencies like the Honolulu Police Department. Interested parties can call the Records and Identification Division Warrants Unit at (808) 723-3258 with any questions. The county directory can be used to find information about other law enforcement organizations or the relevant police agency.

How to Find Out If You Have a Warrant in Hawaii

There are various ways to determine if one is the subject of an active warrant in Hawaii. First, for online searches, the Hawaii State Judiciary offers an online database for looking up active warrants. Using this tool, people can check if they have any outstanding warrants against them by entering their name and other identifying information.

Alternatively, one can find out about active warrants by contacting the county sheriff's office or the local police department. In Hawaii, numerous counties have departments or resources dedicated to answering warrant inquiries. Another option is to contact the Hawaii Criminal Justice Data Center, which tracks warrant information.

Free Warrant Search in Hawaii

Interested parties can do a warrant search in Hawaii online, in person, or over the phone by calling the appropriate courthouse or law enforcement agency and requesting the records with the necessary search criteria, such as name or case number. In Hawaii, warrant searches are usually completed for free. One can perform a warrant search at no cost using any of the resources listed in the earlier sections.

How Long Can Police Hold My Phone Without a Warrant in Hawaii?

The Fourth Amendment protects individuals against unreasonable searches and seizures. Per the Supreme Court ruling in Riley v. California (2014), there must be a reasonable belief that the individual committed a crime, and there is a high likelihood that evidence would be found on the cell phone. Similarly, Hawaii law, specifically HB151, states that a search must be specific to the scope outlined in the warrant. Even if the cell phone is not locked, a warrant is required before police can search. 

However, there are exceptions to this requirement. This includes:

• Exigent circumstances where it may be impossible to get a warrant
• When there is an immediate threat to life or public safety 

Under the Hawaii Rules of Penal Procedure, Rule 41(e)–(f), individuals may file a motion to suppress any evidence obtained or to return property if their cell phone was seized unlawfully. Warrantless seizure or search without exigent circumstances is unconstitutional. 

How to Find Out If Someone Has A Warrant Online

In Hawaii, most state agencies, municipal courts, and law enforcement organizations offer internet resources for conducting active warrant searches. For example, the following procedures can be followed to carry out an online warrant search via the state judiciary:

• Go to the Hawaii State Judiciary's official webpage.
• Locate the area where one can look up warrants or case records. This is frequently found under a tab called "Search Court Records" or "eCourt Kokua".
• Put in the required information. Typically, the person's full name is needed. Certain systems may allow users to look for them if they know additional identifiers, like a case number.
• Examine the search results after submitting them. If there are any active warrants, they should be mentioned together with information about the charges and the court that issued them.
• The Hawaii State Judiciary website typically offers contact details or frequently asked questions (FAQs) if inquirers have problems or require clarification.

How Long Do Warrants Last in Hawaii?

How long warrants remain valid in Hawaii varies according to the kind of warrant issued. In Hawaii, arrest warrants usually stay valid for an extended period until the person for whom they are intended is found. Nevertheless, there are some exceptions to the rule, such as bench warrants that are issued for nonattendance in court and may include judge-imposed deadlines. People with warrants should take immediate action because failing to do so may result in arrest, other legal repercussions, and difficulties during the legal process.