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.

THE SENATE

S.B. NO.

2031

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 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 2. 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 3. 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 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. 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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