Hawaii

(information last updated Fall 2017)

Ongoing Projects:

State Project:

The Hawaii Legislature has established a Hawaii Unmanned Aerial Systems Test Site as part of the Pan-Pacific Unmanned Aerial Systems Test Range Complex.  Haw. Rev. Stat. § 201-72.7.  In establishing the test site, the legislature cited the many “existing and potential civilian uses of unmanned aerial systems,” including watershed management, surveys, agricultural monitoring, air quality monitoring, flood and pollution control, and land use surveys.  2015 Haw. Sess. Laws, Act 208, § 1.

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

Yes.  The offense of simple trespass requires only that a person “knowingly enters or remains unlawfully in or upon premises” owned by another.  Haw. Rev. Stat. § 708-815.

Limitations:

It is a defense against trespass that “the defendant entered upon and passed along or over established and well-defined roadways, pathways, or trails leading to public beaches over government lands . . .”  Haw. Rev. Stat. § 708-816.

Stalking Laws:

Criminal Law:

“A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or non-consensual contact upon the other person on more than one occasion without legitimate purpose.”  Haw. Rev. Stat. § 711-1106.5.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.”  Haw. R. Civ. P. 11.

Authentication or Chain of Custody:

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  Haw. Rev. Stat. § 626-1, Rule 901.

Expert Testimony:

"Adopted" Frye standard but Hawaii’s Rules of Evidence are more similar to Daubert standard; Daubert is instructive.  See State v. Vliet, 19 P.3d 42, 53 (2001); State v. Montalbo, 828 P.2d 1274, 1279 (1992).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.