§281-108  Search warrants; seizure.  Ifany person makes complaint, supported by oath, before any district or circuitjudge, setting forth facts sufficient to show probable cause that any liquor isbeing manufactured or kept or deposited for sale or distribution contrary tolaw within the judge's jurisdiction in any house, premises, or place, or thatany such liquor is lodged or contained in any vehicle for transportation byland, water, or air, the judge shall issue a warrant, directed to any sheriff,chief of police, police officer, or investigator, commanding the sheriff, chiefof police, police officer, or investigator to search the premises, place, orvehicle described in the complaint.  If any intoxicating liquor is foundtherein under circumstances warranting the belief of the officer that it isbeing manufactured or is intended for sale or distribution contrary to law, theofficer acting under the warrant shall seize and convey the liquor and any landvehicle in which the same is found to some place of security and keep the sameuntil final action is had thereon.  When, in case of any entry, it is foundthat liquor is there being manufactured contrary to this chapter the officermay likewise seize and convey the same to some place of security and keep ituntil final action is had thereon. [L Sp 1933, c 40, §67; RL 1935, §2635; RL1945, §7287; RL 1955, §159-105; HRS §281-108; am L 1970, c 188, §39; gen ch1985; am L 1989, c 211, §10; am L 1990, c 171, §35 and c 281, §11]

 

Revision Note

 

  "District or circuit judge" substituted for"magistrate or judge" and further reference to "magistrate"deleted pursuant to L 1970, c 188.

 

Cross References

 

  Arrests, search warrants, see chapter 803.

 

Rules of Court

 

  Search warrants, see HRPP rule 41.