Report Title:

Search and Seizure

 

Description:

Proposes an amendment to article I, section 7, of the Hawaii Constitution to conform Hawaii's constitutional provision relating to searches and seizures to that of the Fourth Amendment of the United States Constitution.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

151

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

proposing an amendment to article i, section 7, of the hawaii constitution to make Hawaii's search and seizure provision conform to the Fourth Amendment of the united states constitution.

 

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 address the increasingly critical problem of drugs and the resulting effects of crime, dysfunctional individuals, and families, as well as its negative economic and social impact on our communities.

It is estimated that up to ninety per cent of incarcerations are drug related. Unfortunately, in an effort to provide additional protection for its law abiding citizens, the Hawaii State Constitution unwittingly shields drug suppliers and dealers from needed law enforcement actions.

While there is understandable concern that the proposed amendment may infringe on citizens' rights, the amendment is designed to protect against invasions induced by frightening drug-related crime—entry into homes, burglaries, car-jacks, loss of valuable property, and personal harm.

The proposed amendment will make the Hawaii Constitution consistent with the Fourth Amendment of the United States Constitution relating to searches and seizures. Although this amendment will delete references to invasions of privacy in article I, section 7, it will not affect the existing right to privacy guaranteed by article I, section 6, of the Hawaii Constitution, which declares: "The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest." Moreover, such an amendment will greatly assist both federal and state law enforcement agencies in allowing for a more consistent interpretation of the federal and state constitutions relating to searches and seizures.

SECTION 2. Article 1, section 7, of the Constitution of the State of Hawaii is amended to read as follows:

"SEARCHES[,] AND 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[,] and 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]."

SECTION 3. The question to be printed on the ballot shall be as follows:

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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