§281-109  Seizure without warrant.  (a) If any investigator or police officer has information which causes theinvestigator or police officer to believe that liquor is kept or deposited inany place mentioned in section 281-108, except a dwelling house, or is kept orconcealed in any conveyance, container, baggage, or clothing which is in courseof transportation along any highway, for sale or distribution contrary to law,and if the investigator or police officer has reason to believe that the delaywhich would be necessitated by the procurement of a search warrant would resultin the loss, destruction, or concealment of the evidence of the violation oflaw, the investigator or police officer may forthwith, without such warrant,search the suspected place, vehicle, or container; and if the investigator orpolice officer there finds liquor and other evidence under circumstanceswarranting the belief that it is intended for sale or distribution contrary tolaw, the investigator or police officer shall seize and convey the same,including any vehicle in which the same is found, to some place of security,and keep the same until final action is had thereon.  The investigator orpolice officer shall forthwith, after the seizure, make written complaint underoath, setting forth the facts before a judge having competent jurisdiction.

(b)  Any evidence seized and conveyed may bekept until final action is had thereof.  Should the introduction of a copy orpicture of the seized evidence be permitted under the Hawaii rules of evidence,the original evidence may be returned to the appropriate party after suchevidence is copied or photographed. [L Sp 1933, c 40, §68; RL 1935, §2636; RL1945, §7288; RL 1955, §159-106; HRS §281-109; am L 1970, c 188, §39; gen ch1985; am L 1990, c 171, §36]

 

Cross References

 

  Arrests, search warrants, see chapter 803.

 

Rules of Court

 

  Search and seizure, see HRPP rule 41.

 

Case Notes

 

  Arrest and seizure of a still in operation without warrantupon recognition of odor of mash did not constitute unreasonable search andseizure.  28 H. 173.