Quote:Generally speaking, state governments can't bar people from entering a state, or for that matter traveling within the state. Such prohibitions might normally violate the Commerce Clause, the Privileges and Immunities Clause of Article IV, the Privileges or Immunities Clause of the Fourteenth Amendment, or a substantive due process right to travel.

But the law has long recognized that a state faced with real danger of contagious disease can restrict these rights

...

The longer these restrictions remain in effect, the more they demand judicial scrutiny.

That said, noted constitutional law professor Eugene Volokh of UCLA’s School of Law has opined that some forms of travel restrictions are likely to withstand scrutiny, “based on the general thrust of the cases—coupled with the fact that judges likely don't want to deny government officials the temporary tools they need to stave off likely tens of thousands (or more) deaths in this extraordinary time....” (Eugene Volokh, Restrictions on Interstate (and Intrastate) Travel in an Epidemic, The Volokh Conspiracy Blog (Apr. 4, 2020),

https://www.staradvertiser.com/2020/12/04/hawaii-news/kauai-couple-who-fled-with-covid-is-charged-with-reckless-endangering/

I looked them up here: http://jimspss1.courts.state.hi.us:8080/eCourt/ECC/ECCDisclaimer.iface

Nothing except a disorderly conduct charge for noise later that month, and traffic stuff. They were partying after getting back?

Safe Travels went into effect October 15th 2020? Am I right?

https://www.khon2.com/coronavirus/visitor-arrested-on-maui-for-allegedly-breaking-quarantine-at-hotel/

I can't find anyone matching her name in the court records either. Can anyone actually find court documents for someone who has violated quarantine and actually got charged with a crime, or even fined? Or are they just arresting people and pretending they can if they don't abide after that?

https://www.mauinews.com/news/local-news/2021/06/visitors-arrested-for-quarantine-violation/

Absolutely no court records for this guy either.

https://www.mauinews.com/news/local-news/2021/08/visitors-arrested-for-violating-travel-quarantine/

They say bail was set at $2000, but I see no court records? Only a traffic violation. How was bail set without any court records?

What am I missing? Where are the court documents if the charges were not dropped quickly?

Are they just arresting all these people only to drop the charges ASAP? I don't even see records of them being fined.

I even paid $15 to use Hawaii eCrim and I could only find the disorderly conduct - noise charge for the Kauai lady.

I've attached an image of it.

   

Wow... Are these news articles even telling the truth?

(11-12-2021, 11:48 AM)AaronM Wrote: After all the times I've pointed out that enforcement around here is lax at best and mostly non-existent, now do you see that the Hawaiian justice system is big bark - little bite.

Slap on the wrist is the mandatory minimum here.

(11-12-2021, 07:21 PM)Obie Wrote: The statute calls it a misdemeanor. No one goes to jail for misdemeanors.
Our liberal courts are releasing violent criminals because of covid.

The STATE OF HAWAII charges:
On or about the 29th day of November, 2020, in the County of
Kaua‘i, State of Hawai‘i, COURTNEY CHEANA PETERSON did engage in
conduct that recklessly placed another person in danger of death or
serious bodily injury, thereby committing the offense of Reckless
Endangering in the Second Degree, a misdemeanor, in violation of
Hawai‘i Revised Statutes Section 707-714(1)(a) .

They are on supervised probation.

(11-12-2021, 10:04 PM)Obie Wrote: The charge for reckless endangering was changed to  Disorderly conduct noise.

Google HRS 711-1101(1)(b

It includes yelling at people which probably came out during the trial.

" Notice of Correction
/* An amendment has been made to the violation for Case Number 5DCW-20-0001294. On 20-APR-2021 count 1 was changed as a result of Amended Complaint */"

(11-13-2021, 12:13 AM)Obie Wrote: Since you have a problem finding the transcripts here is the final Disposition.
They both entered a plea of no contest and were given a deferred sentence and put on probation until 09/21/2021 which has now been completed.


PM HRS 711-1101(1)(b)
Disorderly conduct noise

Vio Dt: 11/29/2020

Citation/Arrest #: C20-04923

Plea: No Contest 04/20/2021
Disposition: Accept Nolo Contendere Plea 04/20/2021
Sentence: DANCP (Deferred Acceptance of Nolo Contendere) for 6 Month(s) subject to mandatory terms and conditions 04/20/2021
The following special conditions apply :
1)You shall sign a Waiver of Extradition.
2)You shall submit to photographing by the Adult Client Probation Services for identification purposes.
3)Hearing on proof of compliance/DANCP 9-21-21 at 8 am in courtroom 2
Referred to Collections 04/20/2021
$500.00 Fine/Monetary Assessment 04/20/2021
$30.00 Crime Victim Fee 04/20/2021
$75.00 Probation Fee 04/20/2021