Report Title:

Const. Amendment; Search and Seizure; Illicit Drugs

Description:

Proposes a constitutional amendment to allow certain types of searches and seizures involving illicit drugs, without a warrant as provided by law.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2688

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 7 OF THE HAWAII STATE CONSTITUTION, TO ALLOW CERTAIN TYPES OF SEARCHES AND SEIZURES INVOLVING illicit drugS, without a warrant as provided by law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Hawaii has a legitimate state interest in controlling the use of ice and other illicit drugs, and there is a compelling state interest to enact laws to better enable law enforcement authorities to detect illicit drug activity, undertake a lawful search and arrest the offenders, and enhance the punishment of offenders as a deterrent. The legislature further finds that this constitutional amendment does truly help law enforcement officials while preserving the basic constitutional rights of defendants.

The legislature further finds that the ice situation in Hawaii is beyond the critical stage and is well into a state of crisis, such that the implementation of stronger law enforcement procedures as contained in this constitutional amendment is necessary because there are no less intrusive alternatives.

The legislature further finds that the federal courts have interpreted the United States constitution to allow both stop and talk, and knock and talk, procedures.

SECTION 2. The purpose of this Act is to propose an amendment to article I, section 7, of the Constitution of the State of Hawaii to allow certain types of searches and seizures involving illicit drugs, without a warrant as provided by law.

SECTION 3. Article I, section 7, of the Constitution of the State of Hawaii, is amended to read as follows:

"SEARCHES, SEIZURES AND INVASION OF PRIVACY

Section 7. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted[.]; provided that searches and seizures of illicit drugs shall be permitted

without a warrant, as provided by law, in instances where the delay caused by obtaining evidence to support a warrant would mean the probable loss or destruction of that evidence or would otherwise make prosecution unfeasible, including cases of stopping a person who is walking in order to talk to that person or of knocking on the door to talk to the occupant."

SECTION 4. The question to be printed on the ballot shall be as follows:

"Shall the search and seizure of illicit drugs in certain cases be allowed without a warrant and as provided by law, in instances where the delay caused by obtaining evidence to support a warrant would mean the probable loss or destruction of that evidence or would otherwise make prosecution unfeasible, including cases of stopping a person who is walking in order to talk to that person or of knocking on the door to talk to the occupant?"

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of

the State of Hawaii.

 

 

 

INTRODUCED BY:

 

 

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