Hawaii Warrants: Types, Searches, and What to Expect

A warrant is a legal document issued by a judge or other authorized legal authority. It authorizes the police to search for, seize, or arrest someone. In Hawaii, warrants are created through legal processes and can be in either electronic or paper form. Learning how warrants function in Hawaii, the different types, how to locate them, and what happens once a warrant is issued can help you stay informed and avoid legal troubles.

What Is a Warrant in Hawaii?

In Hawaii, a warrant is a legal order that allows law enforcement to take a specific type of action in an ongoing investigation or court case. Warrants are only issued when there is probable cause to believe a crime has occurred. A warrant may authorize:

• The arrest of a person suspected of committing a crime.
• The search and seizure of property linked to an investigation.
• A court appearance for someone who fails to comply with prior orders.

Warrants in Hawaii can be issued by District Courts, Circuit Courts, and Family Courts, depending on the severity of the case. The legal basis for this is found in the Hawaii Rules of Penal Procedure and state laws.

Types of Warrants in Hawaii

Hawaii recognizes several categories of warrants, each serving different purposes:

1. Arrest Warrants

An arrest warrant gives the police the authority to detain a specific person. It is granted when a prosecutor presents probable cause to a judge.

2. Bench Warrants

A bench warrant is a formal order from the court that instructs the police or sheriff to arrest an individual who has failed to comply with a court order or has not appeared in court.

3. Search Warrants

A search warrant is an official order issued by a judge or magistrate, instructing a law enforcement officer to search for specific items that are believed to be relevant to an ongoing investigation. They must usually be executed within 10 days.

4. Civil Warrants

Civil warrants are issued in non-criminal cases, such as evictions, debt collection, or small claims. They generally summon individuals to court, but can also result in garnishments or liens.

How to Search for Warrants in Hawaii

Hawaii does not have a single public statewide warrant database. However, there are several official sources where you can find information:

1. Hawaii State Judiciary eCourt Kokua – The judiciary has an online case information system. Although not all active warrants are shown, you can find many case records that have associated warrants here.
2. Hawaii State Judiciary Ho‘ohiki – This system provides access to civil case records, which may include information about civil warrants.
3. Hawaii Police Department and County Police Departments – Each county (Hawaii, Honolulu, Maui, Kauai) police department maintains its own warrant records. Some departments, such as the Honolulu Police, occasionally release lists of outstanding warrants.
4. Clerk of Court Offices – You can obtain warrant-related information from clerks at your local district and circuit courts.
5. Third-Party Search Tools – In Hawaii, there are third-party online background check providers that also include warrant details in their search results. However, it is always best to obtain warrant information from courts or law enforcement offices.

Warrant Records in Major Hawaii Counties

In Hawaii, warrant searches and enforcement are handled at the county level:

• Honolulu (Honolulu County, O‘ahu) – The Honolulu Police Department, along with theFirst Circuit Court, maintains warrant records in the county. Sometimes, the Honolulu PD shares lists of outstanding misdemeanor warrants.
• Hilo and Kona (Hawaii County, Big Island) – The Hawaii County Police Department is responsible for maintaining warrant records for the county. You can make inquiries through the department’s records division.
• Maui (Maui County) – The Maui Police Department and the Second Circuit Court are in charge of issuing and enforcing warrants.
• Kauai (Kauai County) – The Kauai Police Department collaborates with the Fifth Circuit Court to oversee active warrants in the county.

What Happens After a Warrant Is Issued in Hawaii?

The next steps depend on the warrant type:

• Arrest Warrants – The police can arrest the individual at any moment. Once booked, the person goes before a judge for arraignment, and bail might be established.
• Bench Warrants – Failing to appear or comply with court orders can result in immediate arrest, along with additional fines or potential jail time.
• Search Warrants – Officers are required to carry out searches within a specific legal timeframe.
• Civil Warrants – These typically require a person to appear in court. If left unaddressed, it could result in default judgments, garnishments, or liens.

Clearing a warrant in Hawaii typically requires:

• Voluntarily appearing in court.
• Hiring an attorney to arrange surrender or negotiate bail.
• Paying overdue fines or complying with orders.

How Long Does a Warrant Stay Active in Hawaii?

In Hawaii, most warrants remain valid until resolved:

• Arrest and bench warrants never expire. They can remain active until the person is arrested or the warrant is canceled by the court.
• Search warrants have a short lifespan, typically expiring within 10 days of being issued.
• Civil warrants remain active until the case is either resolved or thrown out.

A warrant may be:

• Quashed if improperly issued.
• Recalled if the subject complies with court requirements.
• Cleared once executed or resolved in court.

Warrants play an important role within the Hawaiian democratic judicial system. They help to ensure that actions taken by members of the law enforcement community are done so based upon probable cause and the power of the court.

In Hawaii, ignoring an outstanding warrant can cause horrible ramifications. If you believe you have an active warrant out against you the best thing to do is contact the attorney or the court which issued the warrant to avoid unnecessary arrests or penalties.

Those in Hawaii can search for warrants via the court's eCourt Kokua or Ho‘ohiki. It is important to recognize that warrants do not expire in Hawaii and must be cleared through the court.