reglab/housing_qa huggingface dataset:
HI Rev Stat § 803-35 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-35 Deputies or police officers may serve.

  §803-35 Deputies or police officers may serve. If the search warrant is directed to a sheriff or chief of police, it may be executed by the sheriff or chief of police or any of the sheriff's deputies or the chief's police officers. An individual or entity authorized pursuant to section 803-37 to provide technical assistance may assist a deputy or police officer. [PC 1869, c 48, §6; RL 1925, §3963; RL 1935, §5415; RL 1945, §10720; RL 1955, §255-20; HRS §708-35; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2017, c 196, §3]
HI Rev Stat § 803-36 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-36 Notice to applicant.

  §803-36 Notice to applicant. Before executing the warrant the officer shall give notice to the person who applied for it, that the person may be present and identify the property if found. [PC 1869, c 48, §7; RL 1925, §3964; RL 1935, §5416; RL 1945, §10721; RL 1955, §255-21; HRS §708-36; ren L 1972, c 9, pt of §1; gen ch 1985] Case Notes  Must be given before service. 3 H. 393 (1872).
HI Rev Stat § 803-38 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-38 Munitions of war.

  §803-38 Munitions of war. If there is reasonable cause to believe that arms or munitions of war are collected in any place for the purpose of insurrection or riot, or any other unlawful purpose, a search warrant may be issued in such case, with or without an order to the officer executing the same to bring before the judge or magistrate issuing the same the person in whose possession the arms or munitions of war may be found. And in case the warrant contains no such order, the arms or munitions of war shall, if found, be brought before the judge, or magistrate, and be secured by the judge or magistrate. The judge or magistrate shall as soon as may be cause a notice to be published in some newspaper, describing the articles seized and giving notice of a time and place of a hearing, to take place not less than four and not more than five weeks from the publication of the notice, at which time and place all parties claiming the articles may appear and prove ownership. If no appearance is made at the hearing, and no action is brought previous to the time of the hearing for the recovery of the goods by the parties claiming the goods, the same shall be forfeited to the State. But if any parties appear at the hearing claiming the goods, or bring action before the time of the hearing for the recovery thereof, their claim shall be heard. If in the opinion of the court the claims are not satisfactorily proved, or if they are proved, but the court finds reasonable cause to believe that the articles were collected for the purpose of insurrection, or riot, or for any other unlawful purpose, the same shall be forfeited to the State. In any hearing the burden of proof shall be upon the claimant to show that the arms or munitions of war were not collected or procured for the purpose of insurrection or riot or other unlawful purpose.  In the case of any seizure of articles by search warrant under this section, no claimant shall be entitled to the delivery of the articles before judgment in an action for the recovery thereof, under chapter 654 or any other law. [L 1893-4, c 34, §1; RL 1925, §3966; RL 1935, §5418; RL 1945, §10723; RL 1955, §255-23; HRS §708-38; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 803-43 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture.

  §803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture. Any person, other than a provider of wire or electronic communication service and its duly authorized officers, employees, and agents, or any person acting under color of law, who, in this State, intentionally manufactures, assembles, possesses, or distributes, or who attempts to distribute, any electronic, mechanical, or other device, knowing or having reason to know that the device or the design of the device renders it primarily useful for the purpose of surreptitious interception of wire, oral, or electronic communications, or who intentionally places an advertisement of any such device or promotes the use of any such device in any newspaper, magazine, handbill, or other publication, shall be guilty of a class C felony. Any such electronic, mechanical, or other device in violation of this section shall be subject to seizure and forfeiture under chapter 712A. [L 1978, c 218, pt of §2; am L 1986, c 303, §3; am L 1989, c 164, §5; am L 2006, c 200, pt of §4]
HI Rev Stat § 803-44 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|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 the 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) Labor trafficking in the first degree;  (4) Labor trafficking in the second degree;  (5) Felony criminal property damage involving the danger of bodily injury as defined in section 707-700;  (6) Distribution of dangerous, harmful, or detrimental drugs;  (7) Conspiracy to commit one or more of the above; or  (8) Involvement of organized crime and any of the following felony offenses:  (A) Extortion;  (B) Bribery of a juror, witness, or police officer;  (C) Receiving stolen property;  (D) Gambling;   (E) Money laundering; and  (F) Sex trafficking. [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; am L 2011, c 146, §3; am L 2016, c 206, §18] Revision Note  In paragraph (6), "or" deleted pursuant to §23G-15.
HI Rev Stat § 803-44.5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|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]
HI Rev Stat § 803-44.6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-44.6 Issuance of an order for a pen register or a trap and trace device.

  §803-44.6 Issuance of an order for a pen register or a trap and trace device. (a) Upon an application for an order authorizing the installation and use of a pen register or a trap and trace device, the designated judge shall satisfy itself that there are sufficient facts and circumstances contained within the application that there is probable cause to believe that the information to be obtained through the installation and use of a pen register or a trap and trace device will constitute the fruits, instrumentalities, or evidence of a crime or is relevant to an ongoing criminal investigation.  (b) If the designated judge is so satisfied, the order issued shall specify:  (1) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line, cellular telephone, or electronic device or service to which the pen register or trap and trace device is to be attached;  (2) The identity, if known, of the person who is the subject of the criminal investigation;  (3) The number and, if known, the physical location of the telephone line, cellular telephone, or electronic device or service to which the pen register or the trap and trace device is to be attached, and, in the case of a trap and trace device, the geographical limits of the trap and trace order;  (4) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and  (5) Upon the request of the applicant, the information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device that the provider of wire communication service is directed to furnish to the applicant.  (c) An order authorizing installation and use of a pen register or a trap and trace device shall be for a period not to exceed sixty days. Extension of an order may be granted, but only upon a reapplication for an order and a finding of probable cause to justify continuing use of a pen register or trap and trace device. The period of the extension shall be for a period not to exceed sixty days.  (d) An order authorizing the installation and use of a pen register or a trap and trace device shall direct that:  (1) The order be sealed until otherwise ordered by the court; and  (2) The person owning or leasing the telephone line, cellular telephone, or electronic device or service to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless otherwise ordered by the court. [L 1989, c 164, pt of §2; am L 2006, c 200, pt of §4; am L 2016, c 28, §2]
HI Rev Stat § 803-44.7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-44.7 Application for authorization to install and use a mobile tracking device.

 §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]
HI Rev Stat § 803-47.5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-47.5 Disclosure of contents of communication while in electronic storage.

 §803-47.5 Disclosure of contents of communication while in electronic storage.  (a)(1) A person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and  (2) A person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication that is carried or maintained on that service:  (A) On behalf of, and is either received by means of computer processing of communications or by electronic transmission, from a subscriber or customer of the service; and  (B) Solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of those communications for purposes of providing any services other than storage or computer processing.  (b) A person or entity may divulge the contents of a communication:  (1) To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;  (2) As otherwise authorized by a court order or search warrant;  (3) With the lawful consent of the originator, addressee, or intended recipient of the communication, or the subscriber in the case of a remote computing service;  (4) To a person employed or authorized or whose facilities are used to forward the communication to its destination;  (5) As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or  (6) To a law enforcement agency, if the contents:  (A) Were inadvertently obtained by the service provider; and  (B) Appear to pertain to the commission of a crime. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]
HI Rev Stat § 803-47.8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-47.8 Delay of notification.

  §803-47.8 Delay of notification. (a) A governmental entity may as part of a request for a court order include a provision that notification be delayed for a period not exceeding ninety days if the court determines that notification of the existence of the court order may have an adverse result.  (b) An adverse result for the purpose of subsection (a) of this section is:  (1) Endangering the life or physical safety of an individual;  (2) Flight from prosecution;  (3) Destruction of or tampering with evidence;  (4) Intimidation of a potential witness; or  (5) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.  (c) Extensions of delays in notification may be granted up to ninety days per application to a court. Each application for an extension must comply with subsection (e) of this section.  (d) Upon expiration of the period of delay of notification, the governmental entity shall serve upon, or deliver by registered mail to, the customer or subscriber a copy of the process or request together with notice that:  (1) States with reasonable specificity the nature of the law enforcement inquiry; and  (2) Informs the customer or subscriber:  (A) Information maintained for the customer or subscriber by the service provider or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place;  (B) Notification of the customer or subscriber was delayed;  (C) The governmental entity or court that made the certification or determination upon which the delay was made; and  (D) The provision of this part that allowed the delay.  (e) A governmental entity may apply to the designated judge or any other circuit judge or district court judge, if a circuit court judge has not yet been designated by the chief justice of the Hawaii supreme court, or is otherwise unavailable, for an order commanding a provider of an electronic communication service or remote computing service to whom a search warrant, or court order is directed, not to notify any other person of the existence of the search warrant, or court order for such period as the court deems appropriate not to exceed ninety days. The court shall enter the order if it determines that there is reason to believe that notification of the existence of the search warrant, or court order will result in:  (1) Endangering the life or physical safety of an individual;  (2) Flight from prosecution;  (3) Destruction of or tampering with evidence;  (4) Intimidation of potential witnesses; or  (5) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]
HI Rev Stat § 803-47.9 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-47.9 Cost reimbursement.

  §803-47.9 Cost reimbursement. (a) A government entity obtaining the contents of communications, records, or other information shall pay to the person or entity providing or assembling the information a fee for reimbursement or costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing, or otherwise providing the information. The reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service that was occasioned by the governmental needs.  (b) The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information or, in the absence of agreement, shall be as determined by the designated court that issued the order for production of the information or the court before which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.  (c) The requirement of subsection (a) does not apply with respect to records or other information maintained by a communication common carrier that relate to telephone toll records and telephone listings obtained under section 803-47.6. However, the court may order a payment as described in subsection (a), if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]
HI Rev Stat § 803-48 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-48 Recovery of civil damages authorized.

  §803-48 Recovery of civil damages authorized. Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall[:]  (1) Have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications[;] and  (2) Be entitled to recover from any such person:  (A) The greater of[:]  (i) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation[;] or  (ii) Statutory damages of the greater of $100 a day for each day of violation or $10,000;  (B) Punitive damages, where appropriate; and  (C) A reasonable attorney's fee and other litigation costs reasonably incurred. The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate. A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part. [L 1978, c 218, pt of §2; am L 1986, c 303, §8; am L 1989, c 164, §10; am L 2006, c 200, pt of §4] Revision Note  In the first sentence, (1) and (2) reformatted as paragraphs (1) and (2) and (A)(i) and (ii) reformatted as clauses (i) and (ii) pursuant to §23G-15.
HI Rev Stat § 803-48.5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-48.5 Injunction against illegal interception. Whenever it appears that any person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this part, the attorney general may initiate a civil action in a circuit court of this State to enjoin the violation. The court shall proceed as soon as practicable to the hearing and make a determination of the action; provided that at any time before final determination, the court may enter a restraining order or take any other action that is warranted to prevent a continuing and substantial injury to the State or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Hawaii rules of civil procedure; except that, if an indictment, information, or criminal complaint has been returned against the respondent, discovery shall be governed by the Hawaii rules of penal procedure. [L 2006, c 200, §2]

 §803-48.5 Injunction against illegal interception. Whenever it appears that any person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this part, the attorney general may initiate a civil action in a circuit court of this State to enjoin the violation. The court shall proceed as soon as practicable to the hearing and make a determination of the action; provided that at any time before final determination, the court may enter a restraining order or take any other action that is warranted to prevent a continuing and substantial injury to the State or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Hawaii rules of civil procedure; except that, if an indictment, information, or criminal complaint has been returned against the respondent, discovery shall be governed by the Hawaii rules of penal procedure. [L 2006, c 200, §2]
HI Rev Stat § 803-49 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-49 Severability.

  §803-49 Severability. If any portion or subsection of this part or the application thereof to any person or circumstances is invalid, such invalidity shall not affect other sections or applications of the part which can be given effect without the invalid section or application, and to this end the provisions of this part are declared to be severable. [L 1978, c 218, pt of §2; ree L 2006, c 200, pt of §4]