HI imposes triggering condition in anticipatory warrants under state constitution

“We are faced with a question of first impression for this court: Does the Hawai’i Constitution require that an anticipatory search warrant identify the triggering condition on the face of the warrant? In light of the privacy protections contained in article I, section 7 of the Hawai’i Constitution, we hold that an anticipatory search warrant must, on its face, identify the triggering condition to be valid.” Under Grubbs, anticipatory warrants are permissible under the Fourth Amendment. The Hawai’i Supreme Court holds that the state constitution requires more: “To ensure that governmental intrusions into citizens’ privacy is no greater than absolutely necessary, we hold that an anticipatory search warrant must itself identify the triggering condition.” State v. Curtis, 2017 Haw. LEXIS 83 (May 15, 2017).