Are Warrants Public Records in Hawaii?
Yes. Per the Hawaii Freedom of Information Act, All warrant records maintained by law enforcement agencies in the state are public unless access is restricted or closed by law. Therefore, anyone can request to view or obtain copies of warrants at the appropriate record custodian office. However, there are certain instances where warrants may be confidential. For example, warrant records (application, support affidavit, duplicate warrant, transcripted hearings on warrant application) involving juveniles are deemed confidential in Hawaii. Also, warrants are closed to the public until executed and returned to the court that issued them. Warrants are held by the state’s judiciary and law enforcement agencies, and they may be featured in Hawaii's criminal records.
What is Considered a Warrant in Hawaii?
Warrants are legal documents issued by courts in Hawaii authorizing the police or any other law enforcement agency to act. Officers may use warrants to effect an arrest, seize property, conduct a search, or execute a judgment. A warrant empowers the bearer with a legal right to carry out the instruction in the warrant. A competent judicial officer (District Court or Circuit Court judge) of the Hawaii Judiciary issues a warrant to execute an order. Generally, a judicial officer may issue a police warrant, bench warrant, search warrant, further detention, tax warrant, etc.
A judicial officer may only issue a warrant when there is probable cause. That is, there must be sufficient grounds upon which the judge issues the warrant. The party (law enforcement agent or any other party so authorized under the law) seeking a warrant must swear an affidavit before the judge. Any officer who fails to get a warrant from a judge is solely liable for violating the right to privacy and freedom to search or arrest without a warrant under the Fourth Amendment. The Fourth Amendment protects the residents of Hawaii from indiscriminate search or seizures without a warrant issued by a judge.
How to Find Out if You Have a Warrant in Hawaii?
An individual may find out if there is an outstanding warrant in Hawaii by searching through the relevant agencies. Such individuals may search via state agencies or local authorities. For instance, an individual may search via the Hawaii Criminal Justice Data Center, the Hawaii State Judiciary, or law enforcement agencies.
The Department of the Attorney General of Hawaii administers the Hawaii Criminal Justice Data Center (HCJDC), which affords an interested person the opportunity to complete a criminal history record check to confirm an existing warrant. Such individuals may check either by name or by use of fingerprint. The applicant may access this record via the Adult Criminal Conviction Information (eCrim), which costs $15 for each printed copy, payable with a credit card. Otherwise, use the Public Access Sites by inputting the name, social security number, sex, and date of birth. It cost $25 for each printed copy, payable with a money order, cashier's check, or cash. An individual may request by completing a Form at the HCJDC in person or by sending a written request to:
Hawaii Criminal Justice Data Center
Attn: CHRC Unit
465 S. King Street, Room 102
Honolulu, HI 96813
(808) 587-3279
This service costs $30 per request payable with a money order, cashier's check, or cash. The Hawaii State Judiciary also affords interested persons a platform to search for warrants. To access information on a warrant, a requester may use the eCourt Kokua or the Hoohiki database. Family Court has information on bench warrants and warrants for minors. An interested person may contact the relevant court utilizing this directory to enquire about the warrant record the court is retaining.
Alternatively, the interested person may contact the appropriate law enforcement operating in the vicinity to find active warrants per the Hawaii Revised Statutes (HRS). For instance, contact the Honolulu Police Department, Records and Identification Division Warrants Unit at (808) 723-3258 for information on active warrants (if any). For information on other law enforcement agencies, contact the relevant police department using the county directory.
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in Hawaii?
How long a warrant stays active depends on the type of warrant. It means warrants in Hawaii may become inactive due to effluxion time because the statute of limitations ran out for the crime or violation. For instance, a warrant of arrest for a class A felony expires after six years, and a warrant for misdemeanor runs out after two years. Although, judges may easily reissue these warrants after another application.
However, some warrants do not expire until such an individual resolves it, dies, or the judge recalls it. A good example is a bench warrant, which never expires until a judge recalls it or the individual dies. Also, a warrant of arrest for a capital offense, like, murder, may never run out per the Hawaii Revised Statutes section 701-108. Intentionally avoiding this type of warrant does not automatically make it inactive. Even if the individual changes residency from Hawaii to Delaware, it follows the individual across the state border.
A resident of Hawaii may respond to any known warrant to avoid any complications in other aspects of the individual's life. An individual who lacks information on whether there is an active warrant may use the Hawaii Judiciary or relevant law enforcement agency platforms to make inquiries. Alternatively, use an independent records database. An individual may also consult an attorney to explain their rights and how best to defend the matter.
How Long Does It Take to Get a Warrant in Hawaii?
The timeframe required to get a warrant depends on the jurisdiction, the severity of the crime, and the judge’s availability. Typically, law enforcement officers in Hawaii can get warrants in about a few hours to a few days to get a search warrant. Generally, a court will not grant warrant applications unless they find there is probable cause for the issuance of the warrant.
How Do Search Warrants Work in Hawaii?
A Circuit or District Court judge issues a search warrant which grants a law enforcement agency or any other criminal justice agency the right of entry to search for or seize property. The court issuing a search warrant for a property must either be within the property's location or within where the property is anticipated to be located. A judge may only issue a warrant if there is probable cause, and the law officer must only execute according to the Hawaii Penal Code. In Hawaii, a judge may receive a sworn oral statement in person or by telephone.
If the oral statement is via telephone, the judge or court reporter records and transcribes the sworn statement, and the Clerk of Court files it. The sworn information is deemed an affidavit under the rule. Per Rule 41(b) of the Penal Code, the judge may issue a search warrant on the following grounds:
- The property is the subject of the search constitutes evidence of an offense;
- There is contraband, the fruits of crime, or properties criminally possessed in such property.
- A Property with a design or intention of committing an offense.
When the judge issues a warrant, it bears the name of a police officer or some other officer with authorization to enforce a warrant. The warrant contains details about the person or place which is the subject of the search. A warrant commands the officer to carry out the instruction in the warrant within a specified time not exceeding ten days. The officer may not execute this warrant between 10:00 p.m. and 7:00 a.m. unless the judge expressly permits such execution. While executing a warrant, an officer must take inventory of all properties subject to seizure during the search. The officer must furnish the owner of the properties with a copy of the inventory of properties subject to seizure. After executing the warrant, the officer returns to the judge on the warrant.
How Does a Hawaii Search Warrant Become Invalid?
The Fourth Amendment guarantees the right of Hawaii residents against government agencies carrying out unreasonable and unlawful searches or seizures of property. Also, Section 7 of the Hawaii Penal Code protects the rights of Hawaii residents from violation without a warrant issued upon probable cause. For a warrant to be valid, it must comply with Rule 41(c) of the Hawaii Penal Code. The rule provides that a judge may issue a warrant that identifies the property or names and describes the person or place. Also, if the grounds for the application exist or there is a probable cause to believe it exists. A search warrant is therefore invalid if the issuance of the warrants is without any probable cause.
Aggrieved by an unlawful search or seizure of property, an individual may file an action at a Hawaii court with jurisdiction to try such an offense. At the hearing, the complainant (the aggrieved party) has to tender any relevant issue of facts necessary to prove the case and decision of the motion. If the court grants the motion, the individual receives the property unlawfully seized. An aggrieved individual also has the right to file an action to suppress the use of the unlawfully obtained property for evidence by the state. If the court grants the motion to suppress, the property becomes inadmissible in the state's evidence at any hearing.
How to Conduct an Active Warrant Search in Hawaii
Record seekers can conduct an active warrant search at Hawaii law enforcement agencies. For example, individuals can call the Sheriff Division Warrants Section of the Hawaii Department of Public Safety at (808) 587-3632 to request warrant information. Alternatively, requesters can visit the Sheriff Division during business hours to request warrant information.
Hawaii Department of Public Safety
Sheriff Division Warrants Section
1177 Alakea Street, Room #418
Honolulu, HI 96813
Phone: (808) 587-2652
Similarly, the Hawaii State Judiciary provides online access to bench warrant information through the electronic bench warrant system. This online service is only available to the public. Only law enforcement and criminal justice agencies can use the database. Users are required to create an account and log in to the system using an email and secured password.
Free Warrant Search Options in Hawaii
A free warrant search can be conducted online or in person at Hawaii law enforcement agencies. For example, here is how to make an online request for warrant information at no cost at Honolulu Police Department:
- Go to the Department’s website
- Click “INFO & RESOURCES” at the top bar
- Scroll down and click on “Wanted Persons” to find the list of people with warrants
Alternatively, an in-person request can be made at the Department during office hours. A name or CID number will be required to facilitate the search. Requesters do have to pay to view warrant records, but copies of such records come at a small fee. The Department is located at:
Honolulu Police Department
801 South Beretania Street
Honolulu, HI 96813
Phone: (808) 529-3111
Arrest Warrant in Hawaii: Rules of Procedure
The Hawaii Penal Code Section 803 allows a law enforcement agent to arrest a suspected offender with or without a warrant. To arrest an individual in Hawaii, the officer has to obtain a warrant and other relevant documents from a judge. An application for issuance of a warrant may be in the form of:
- Declaration;
- Affidavits;
- Information to be supported by a declaration; or
- A complaint supported by a statement or affidavit.
This application may contain a written statement of essential facts providing information on the offense. The officer may present the application to a District Court judge or a judge who by law has jurisdiction within the county the offender committed the crime.
The District Court judge may only issue a warrant of arrest if there is an affidavit to determine probable cause for the warrant. A police officer or public safety officer (with police powers) may serve an arrest warrant. The law prohibits the execution of an arrest warrant between 10:00 pm and 7:00 am unless the judge expressly permits the execution during hours reflected on the warrant. The warrant must contain the defendant's name or a description of the defendant's if the name is unknown. There must be a description of the offense, the date of issuance, and the court issuing it. The warrant may also contain information like the time, place, or manner of the arrest.
By law, before arresting an individual, the officer needs to apply to a judicial officer for a warrant to effect the arrest. Still, there are instances the officer may not need to apply for a warrant. The offender must have committed the offense in the presence of an officer, and the officer has probable reason to believe the offender is in violation. An officer may also arrest an offender with an oral order of a magistrate in place of a warrant.
An individual who is a warrant subject does not get a prior notice from the officer before executing the arrest warrant. An individual may conduct an arrest warrant search to find out if there is any outstanding arrest warrant in Hawaii. Individuals who may be aware should make an appearance before the proper authority voluntarily. The laws of Hawaii guarantee its resident's rights to an attorney. An individual with a warrant may employ an attorney to clear a warrant or for representation in court.
Child Support Arrest Warrants in Hawaii: What You Need to Know
There are times that noncustodial parents fail to comply with court-ordered child support in Hawaii. The court may then issue a child support warrant requiring the parent to show up for a child support hearing. A child support warrant may be of two kinds. It is a civil warrant (capias) if an individual disobeys a child support hearing. It may also be a criminal warrant if the defaulting parent owes a considerable amount of child support. A child support warrant may lead to possible jail time, fines, or both.
Hawaii Bench Warrants: Issuing and Arrests
On the hearing date, a defendant must not miss court to prevent a judge from issuing a bench warrant. The court issues a bench warrant if an individual fails to appear in court on the scheduled date or commits a crime while out on bail. Also, if the individual fails to obey court orders, appear as a subpoenaed witness, or pay a court-ordered fine or litigation cost. A Hawaii bench warrant legally allows a police officer to arrest and hold an individual in jail until the court sorts out the reason for the issuance. A bench warrant remains active until the individual makes an appearance in court. An individual may conduct a Hawaii warrant search via the available means to ensure no pending bench warrant.
Failure to Appear in Hawaii: Rules and Consequences
Usually, the court sets a hearing date for each case filed in the court, and the court notifies all parties of this date. Under section 9(5) of the Hawaii Penal Code, if a defendant fails to appear or respond to a summons, the court may issue a warrant. In this case, the warrant issued is a type of bench warrant known as Failure to Appear (or "FTA"). Failure to Appear may also apply to witnesses or jurors.
Note that this type of bench warrant is not a type of a criminal charge because most times, the court may let the individual off with a warning. However, if a corporation or any other legal entity fails to appear in response to a subpoena, the court may enter a plea of not guilty. It means the court may proceed to trial and enter judgment against the corporation if the complainant proves the case on its merit.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Hawaii?
If an individual fails to appear in court intentionally, a Hawaii court may hold the individual out for contempt if it is a criminal case. This may attract jail time or probation to be determined by the court depending on the nature of the case and the reasons for the warrant. Alternatively, such individuals may pay a fine to be determined by the court.
Failure to Pay in Hawaii: How It Works
In Hawaii, when an individual fails to pay a court-ordered fine or the payment exceeds the deadline, the court may issue a type of bench warrant known as failure to pay. According to Hawaii Revised Statutes § 706-644, the judge may sometimes charge the individual with a misdemeanor or infraction if there is proof of intentional nonpayment. The court, in these circumstances, may commit such individuals until the fee, fine, or restitution is paid. Indigent who proves to be financially needy may escape being penalized by the court.
No-Knock Warrant in Hawaii: General Laws
A no-knock Warrant is a type of search warrant that gives law enforcement officers and other security agencies in Hawaii the right to enter upon another person's property without prior notice. The judge may issue this warrant if there is a reason to secure evidence. Also, to prevent a suspect from fleeing or endangering the lives of officers and other people around such residence.
How to Perform a Federal Warrant Search
Many federal government agencies in the United States offer opportunities for requesters to access federal warrant records. For example, individuals can use the "Most Wanted” page provided by the U.S. Immigration and Customs Enforcement (ICE) to conduct a federal warrant search. The search result reveals the fugitive’s full name, alias, gender, birth date, age, last known address, height, weight, eyes and hair color, and skin tone. Similarly, the U.S. Marshals Service has a Most Wanted Fugitives list that can be used to retrieve federal warrant information.
Does Hawaii DMV Check for Warrants?
Most Hawaii DMV offices do not check for warrants. However, they get notification from Hawaii Courts when traffic-related warrants have been issued for a person’s arrest. Upon notification, the DMV might suspend the person’s license until the warrant is cleared. Thus, it is advisable to attend to all warrant-related issues before applying for or renewing a driver’s license in Hawaii.
