Law enforcement coalition calls for crime-fighting aid

By David Waite
Advertiser Courts Writer

A coalition of top law enforcement officers from across the state has submitted a package of six measures to the Legislature that members say would give police and prosecutors here the same crime-fighting tools used on the Mainland.

"For too long, we've had to fight crime with one hand tied behind our backs," state Attorney General Mark Bennett said yesterday.

With federal agencies shifting their focus to battle terrorism, it is imperative for the state to be able to use the same techniques to fight crime that are available to the FBI or the U.S. Department of Justice, he said.

Allowing state and county law enforcement agencies to conduct wiretaps without having to hold an "adversarial hearing" is one of the proposals. At present in Hawai'i, a hearing before a judge must be held when a wiretap is requested and the object of the wiretap must be represented by an attorney. That defeats the whole purpose of obtaining a wire tap, Bennett said.

Other measures proposed by the Hawai'i Law Enforcement Coalition are:

• Implementation of "information charging," which would allow state and county prosecutors to present a written report to a judge who then would be able to order someone accused of wrongdoing to stand trial. At present, felony charges can only be brought via a grand jury indictment or a preliminary hearing.
• Tougher sentencing laws for repeat offenders. In some cases, repeat misdemeanor offenses would be treated as felony cases if the offender has three prior convictions.
• An amendment to the state Constitution that would allow resumption of the "walk and talk" program at state airports, allowing officers to ask individuals if they are carrying drugs or have drugs in their luggage. Although the practice is permitted under the U.S. Constitution and is used in many other states, the Hawai'i Supreme Court has ruled that the program violates the expectation of privacy to which people in Hawai'i are entitled under sections of the state Constitution.
• An amendment to the state Constitution that would allow public access to a data base of convicted sex offenders so people could find out if any offenders live in their neighborhoods. At present, only police have access to the information.
• Tougher laws concerning the bribery of public servants.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.