§712A-6  Seizure of property.  (1) 
Personal property subject to forfeiture under this chapter may be seized for
forfeiture by a law enforcement officer:



(a) On process issued pursuant to the rules of civil
procedure or the provisions of this chapter including a seizure warrant;



(b) By making a seizure for forfeiture on property
seized on process issued pursuant to law; or



(c) By making a seizure for forfeiture without court
process as follows:



(i)  The seizure for forfeiture is of property
seized incident to an arrest or search;



(ii)  The property subject to seizure for
forfeiture has been the subject of a prior judgment in favor of the State or
any other state or the federal government in forfeiture proceeding;



(iii)  The law enforcement officer has probable
cause to believe that the property seized for forfeiture is directly or
indirectly dangerous to health or safety;



(iv)  The law enforcement officer has probable
cause to believe that the property is subject to forfeiture; or



(v)  The seizure for forfeiture is of
perishable natural resources seized and sold, pursuant to section 199-7, prior
to forfeiture proceeding.



(2)  Real property subject to forfeiture under
this chapter may be seized for forfeiture by a law enforcement officer pursuant
to court order following a pre-seizure hearing in the circuit court in the
circuit in which the property is located with notice of the pre-seizure hearing
to be made to the owners and interest-holders pursuant to section 712A-8.  The
court shall order the real property in question to be seized for forfeiture if
it finds probable cause that the real property is subject to forfeiture under
any provision of the Hawaii Revised Statutes.



(3)  In determining probable cause for seizure,
the fact that a firearm, money, or any negotiable instrument was found in
proximity to contraband or to instrumentalities of an offense gives rise to an
inference that the money, or instrument was the proceeds of contraband or that
the firearm, money or instrument was used or intended to be used to facilitate
commission of the offense. [L 1988, c 260, pt of §1; am L 1994, c 178, §3; am L
1999, c 233, §2]



 



COMMENTARY ON §712A-6



 



  Act 178, Session Laws 1994, amended this section to allow
real property subject to forfeiture to be seized pursuant to a court order
following a pre-seizure hearing, with notice of the pre- seizure hearing given
to owners and interest-holders.  The purpose of the amendment was to codify due
process requirements in regard to forfeiture pursuant to United States v.
Good.  Conference Committee Report No. 27.



 



Rules of Court



 



  Applicability of Hawaii Rules of Civil Procedure, see HRCP
rule 81(b).



  Service, see HRCP rules 4, 5.