Hawaii Warrant Search

Hawaii Warrant Search
What is a Hawaii Warrant Search?
How To Conduct a Warrant Search in Hawaii
Are Hawaii Warrant Records Publicly Accessible?
How Are Warrants Issued in Hawaii?
Common Types of Warrants in Hawaii
How Long Are Warrants Valid in Hawaii?
How To Find Out If You Have a Warrant in Hawaii
FAQ

A warrant search in Hawaii involves checking for active warrants issued against an individual in the state. This may be part of a routine personal information research or due diligence. A successful warrant search typically reveals the type of warrant, why it was issued, the date of issuance, and the issuing authority. In Hawaii, warrants can be retrieved through in-person visits to courthouses and law enforcement agencies or online searches on reputable sites.

What is a Hawaii Warrant Search?

In Hawaii, warrant search involves seeking active warrants issued against an individual by the state's courts and/or executed by the state's law enforcement agencies. Warrants are court orders issued to authorize law enforcement officers to take certain actions, like searching a premises, seizing an item, or detaining an individual. They are public records maintained by the issuing courts or the executing agency; therefore, anyone can access them through a warrant search.

Under Hawaii's Uniform Information Practices Act (UIPA), any person can inspect and retrieve active and executed warrant records. However, there are some exceptions. Juvenile warrant records, sealed warrant records, and warrants associated with ongoing investigations are considered confidential and are exempt from a warrant search. They are only released to government authorities, record holders, and their attorneys under specific conditions.

How To Conduct a Warrant Search in Hawaii

Warrants are public records; therefore, they can be disclosed to the public upon request. To conduct a successful warrant search in Hawaii, you can adopt any of these methods:

A physical visit or phone call to your local police department or the courthouse, where you believe the warrant was issued.
An online search using state online databases, such as the Hawaii Judiciary eCourt* Kokua for complete court records and the Hawaii Judiciary eBench Warrant for active warrants.
A criminal history records check via the Hawaii Criminal Justice Data Center. Hawaii criminal history records provide an overview of active warrants issued against an individual.
An online search via reputable third-party websites like RecordsFinder may aid in warrant searches.

County Sheriff's Offices and Local Police Departments

For an effective warrant search in Hawaii, you can contact the sheriff's office or the local police department in the area where you believe it was issued. These law enforcement agencies maintain comprehensive records of all warrants issued in their respective jurisdictions. Note that you may need to visit in person, as most Hawaii police departments do not provide warrant information online or via calls. However, the Honolulu Police Department publishes a Wanted Persons List, which provides details of individuals with pending warrants in the city.

Are Hawaii Warrant Records Publicly Accessible?

Yes, warrant records are publicly accessible in Hawaii. According to the Uniform Information Practices Act (UIPA), anyone can request to inspect all government/public records, including warrant records, unless such a record is restricted or closed by law. Notably, some warrant records in Hawaii are restricted from public access to protect the safety of the holders and the integrity of an ongoing investigation or criminal procedure. These records include juvenile warrant records, sealed warrants, and warrants issued for an ongoing investigation. They are only accessible to record holders, their attorneys, and the government upon court order.

Hawaii warrants are usually issued in courthouses, therefore, you can visit the local courthouse that issued your warrant of interest to request it. You can also utilize their website or records request portal if the court maintains an online database. Alternatively, you can conduct a warrant search on the Hawaii Judiciary eBench Warrant platform, which provides access to all warrants issued by the state courts.

Notably, all warrant search endeavors in Hawaii will require you to provide at least the full name of the warrantee, the approximate issuance date, or the offense for which the warrant was issued. Also, you may be required to pay a fee for physical copies of warrant records, as copying of government records is not free in Hawaii.

How Are Warrants Issued in Hawaii?

Judicial officers and law enforcement agents in Hawaii follow the provisions of the Hawaii Revised Statutes Title 38 and the Hawaii Rules of Penal Procedure while issuing and executing warrants in the state. Per these laws, warrants must be issued and executed in the most appropriate method to avoid infringement of an individual's rights during criminal investigations and procedures in the state. To this effect, judicial and law enforcement officers ensure that the issuance and execution of warrants in Hawaii involves the following steps: submission of a sworn application, determination of essential facts and probable cause, warrant issuance, and proper documentation.

Probable Cause Determination

Before warrants are issued in Hawaii, law enforcement officers submit sworn applications to the court. This sworn application can be written or oral, and it must contain statements, physical evidence obtained during an investigation, and other credible details that support probable cause. The judicial officer on duty then reviews the application to ensure there is sufficient evidence to believe that an individual committed a crime or that evidence of a crime will be found at a specific location. This review process is called probable cause determination.

Probable cause determination is a crucial requirement for the issuance of warrants in Hawaii. It ensures that the corresponding law enforcement action (arrests, searches, or seizures) is lawful and necessary. If it is not properly effected, the corresponding arrest may be considered invalid, and evidence obtained from a search may be useless to a criminal investigation.

Issuance by a Judge or Magistrate

If the sworn application provides probable cause to believe that an individual committed an offense or evidence will be found at a particular location, the judicial officer on duty approves it and issues a warrant.

Notably, only judges and magistrates can determine probable cause and issue warrants in Hawaii.

Entry into Law Enforcement Databases

After executing a warrant in Hawaii, law enforcement officers return the warrant to the issuing court, where it is kept for future reference. The enforcing police department also maintains a copy of the warrant, and a copy is sent to the Hawaii Criminal Justice Data Center (HCJDC). The Hawaii Criminal Justice Data Center is the agency responsible for all criminal data and records generated by law enforcement agencies in the state.

In addition, Hawaii warrants may be uploaded to national databases maintained by the National Crime Information Center (NCIC), using the Law Enforcement Electronic Portal (LEEP). These national databases are accessible to law enforcement agencies in all states.

Common Types of Warrants in Hawaii

Depending on the desired action, judges and magistrates in Hawaii approve and issue a variety of warrants. They include:

Arrest Warrants: These warrants are issued to authorize law enforcement officers to apprehend an individual who is suspected of committing an offense.
Bench Warrants: These warrants are issued when an individual misses scheduled court hearings or fails to comply with bail conditions.
Search Warrants: These warrants are issued by a judge to authorize law enforcement officers to search a particular location or vehicle for evidence related to a crime.
Capias Warrants: These warrants are similar to bench warrants, and they are issued when an individual misses court hearings for civil cases.
Penal Summons: This is an alternative to arrest warrants. Rather than authorizing detention, it orders an individual to appear in court on a specified date.
Warrants for Grand Jury Indictments: These are issued against an individual after a grand jury returns an indictment. In this case, the grand jury determines the probable cause.
Parole Revocation Warrant: These warrants authorize law enforcement officers to arrest and return an individual on parole to custody. It can be issued by the Administrative Secretary of the Hawaii Paroling Authority.

Arrest Warrants in Hawaii

Arrest warrants in Hawaii are legal documents issued by judges and magistrates in the state to authorize law enforcement officers to bring a specific individual who is suspected of committing a crime into custody. They are only issued after probable cause has been established, and they remain valid indefinitely until the individual is arrested or the warrant is recalled by the issuing court.

Bench Warrants

Bench warrants are used in both civil and criminal cases when an individual violates court orders regarding scheduled hearings, probation, and bail conditions. The warrant authorizes law enforcement officials to apprehend and detain the offender until the violation is addressed at a scheduled court hearing. Depending on the offense, the violators may be detained for up to months.

There are different categories of bench warrants in Hawaii, and each category varies by the corresponding violation. In cases of probation violation, HOPE probation warrants are issued, while traffic warrants are issued for missed traffic case hearings and failure to pay a ticket. Like arrest warrants, bench warrants in Hawaii remain valid until the individual is apprehended or the warrant is recalled by the court.

Search Warrants

Search warrants are among the most commonly issued warrants in Hawaii. They are court orders issued by judges under probable cause that evidence of a crime is located at a particular location. These warrants authorize law enforcement officers to legally search the specified location or vehicle and seize any evidence found at the premises. Search warrants in Hawaii must contain a specific description of the desired item(s), the location to be searched, and a specific time of execution to prevent possible legal action. Notably, search warrants must be executed within ten days after issuance, or they become void.

In addition to Hawaii Revised Statutes, Hawaii search warrants are also subject to federal laws, particularly the Fourth Amendment. These statutes ensure that individual privacy rights are respected during investigative searches.

Capias Warrants

Capias warrants serve the same purpose as bench warrants, however, they are only issued in civil cases. They authorize the detention of individuals who violate civil court orders, like failure to appear in court, missed support payments, and violation of bail terms. Like bench warrants, capias warrants remain valid until the individual is arrested or the warrant is recalled by the issuing court.

How Long Are Warrants Valid in Hawaii?

The validity period of issued warrants in Hawaii varies with the type of warrant, the law enforcement action it authorizes, and the issuing authority. Arrest warrants and bench warrants typically do not expire; rather, they remain valid indefinitely until the individual is apprehended or the warrant is recalled by the issuing court. However, Hawaii search warrants expire in ten (10) days. As such, law enforcement officers are required to execute the search and return to the issuing court with the warrant and the seized items within ten days of issuance of the warrant. After this timeline, the warrant becomes invalid, and any search conducted will be considered unlawful.

While arrest warrants do not expire, there may be a time limit for prosecution of the underlying charges. The state's statute of limitations, stated in Title 37 of the 2024 Hawaii Revised Statutes, indicates that prosecution for some offenses must commence within a specific timeframe after the commission of the crime. After this time limit, prosecution may be almost impossible, even though the arrest warrant is still valid. Nonetheless, murderers and sex offenders can be prosecuted at any time, as these offenses are not affected by the statute of limitations.

How To Find Out If You Have a Warrant in Hawaii

You can adopt any of these methods to find out if you have pending warrants in Hawaii:

Check Hawaii court records: Seeing as warrants are issued in courts, courthouses should be the first point of call for a warrant search. You can visit your local courthouse or the courthouse where you have scheduled hearings to check if you have an active warrant. Alternatively, you can use the Hawaii Judiciary eBench Warrant system to search for outstanding warrants or the eCourt* Kokua to obtain complete case proceedings.
Contact Local Police Departments: As primary executioners of issued warrants, local police departments and sheriff's offices keep accurate records of issued warrants within their jurisdictions. You can contact or visit the records and information division of your local police department to check for outstanding warrants. However, you should be cautious as the department might initiate law enforcement action if an active warrant is found.
Check Criminal History Records: Criminal history records provide comprehensive details of an individual's contact with law enforcement agencies, including active and executed warrants. To check criminal history records, you can contact the Hawaii Criminal Justice Data Center via mail, in-person visits, or online. Note that a criminal history records check is not free in Hawaii, so you may be charged for the records search and copies of the record.
Utilize online databases: Some third-party platforms may also provide access to warrant information. For instance, RecordsFinder offers online access to public warrant information in Hawaii. However, the completeness and accuracy of records may not be guaranteed and should be verified with official sources.
Consult with an attorney: Attorneys are generally the best aids in finding active warrants in Hawaii. They advise on the best methods to adopt, protect you from possible legal complications, and help to address active warrants. You can obtain legal guidance on outstanding warrants from your attorney before embarking on a warrant search.

FAQ

Can Police Search Your Car Without a Warrant in Hawaii?

The Fourth Amendment ensures that individuals are protected in their homes and cars from unreasonable searches and seizures; however, Hawaii state law permits law enforcement officers to search your vehicle without a warrant in some specific situations. This includes the presence of evidence in plain view, probable cause that evidence is in a vehicle, and belief that the vehicle or evidence will be destroyed before a warrant is obtained. Note that vehicle drivers have the right to accept or refuse to consent to a warrantless search in Hawaii.

How Long Does It Take to Get a Search Warrant in Hawaii?

There is no specific timeline for getting search warrants in Hawaii; in fact, the duration can vary from minutes to days. This variation might be due to the unavailability of a judicial officer, the urgency of the situation, the quality of the affidavit, and the complexity of the case.

In urgent cases where the desired evidence will likely be destroyed, a judge can issue a search warrant in minutes. Similarly, warrant issuance for simple cases with visible probable cause can take minutes to a few hours. However, search warrants for complex cases that require a comprehensive evidence review may take a longer duration, probably a few days.

What Happens After a Search Warrant Is Executed?

In Hawaii, law enforcement officers are required to execute a search at a specified time and location as stated in the warrant. After the search, they create an inventory of seized items and leave a copy with the occupant of the premises. The seized items and the warrant are then returned to the issuing court along with a report on how the search was executed.

If present at the time of the search, occupants have the right to review the search warrant and inventory of seized items for accuracy and validity. They can also take legal recourse if the search is conducted in a manner that is contrary to the terms of the warrant.