Report Title:

Search and Seizure; Knock and Talk; Stop and Talk

Description:

Allows search and seizure of evidence in illicit drug cases involving knock and talk and stop and talk.

THE SENATE

S.B. NO.

2028

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO the search and seizure of illicit drugs.

 

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

SECTION 1. Chapter 803, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"803-   Arrest warrant, search warrant, not required; when. (a) Neither an arrest warrant nor a search warrant shall be required in cases involving the search and seizure for illicit drugs, the promotion of which is prohibited under part IV of chapter 712, if the evidence in question was obtained from a "stop and talk" or a "knock and talk" by the police or law enforcement officer, whether state, county, or federal.

(b) Subsection (a) applies if the search and seizure complies with article I, section 7, of the Hawaii state constitution pertaining to illicit drugs.

(c) As used in this section:

"Illicit drug" includes the following terms as defined in section 712-1240: dangerous drug, detrimental drug, harmful drug, immediate precursor, intoxicating compounds, marijuana, and marijuana concentrate.

"Knock and talk" means generally a situation wherein the police or law enforcement officer approaches a house, apartment, building, or other premises in which illicit drug activity is suspected. The police or law enforcement officer knocks on the door and asks permission to enter. If permission is granted, entry ensues. If permission is not granted, the police or law enforcement officer tries to see from the vantage point at the door whether drugs or drug paraphernalia are in plain view, and if so, a warrantless entry is made. An ensuing search, seizure, or arrest, or all three, may occur at that time.

"Stop and talk" means generally a situation wherein the police or law enforcement officer approaches a person who is walking and asks to talk with that person for the purpose of gathering information regarding illicit drug activity. An ensuing search, seizure, or arrest, or all three, may occur at that time."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon the approval of a constitutional amendment to article I, section 7, of the Hawaii State Constitution in the general election of 2004 that allows the type of activity specified in section 1 of this Act.

INTRODUCED BY:

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