§281-109  Seizure without warrant.  (a) 
If any investigator or police officer has information which causes the
investigator or police officer to believe that liquor is kept or deposited in
any place mentioned in section 281-108, except a dwelling house, or is kept or
concealed in any conveyance, container, baggage, or clothing which is in course
of transportation along any highway, for sale or distribution contrary to law,
and if the investigator or police officer has reason to believe that the delay
which would be necessitated by the procurement of a search warrant would result
in the loss, destruction, or concealment of the evidence of the violation of
law, the investigator or police officer may forthwith, without such warrant,
search the suspected place, vehicle, or container; and if the investigator or
police officer there finds liquor and other evidence under circumstances
warranting the belief that it is intended for sale or distribution contrary to
law, 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 or
police officer shall forthwith, after the seizure, make written complaint under
oath, setting forth the facts before a judge having competent jurisdiction.



(b)  Any evidence seized and conveyed may be
kept until final action is had thereof.  Should the introduction of a copy or
picture of the seized evidence be permitted under the Hawaii rules of evidence,
the original evidence may be returned to the appropriate party after such
evidence is copied or photographed. [L Sp 1933, c 40, §68; RL 1935, §2636; RL
1945, §7288; RL 1955, §159-106; HRS §281-109; am L 1970, c 188, §39; gen ch
1985; 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 warrant
upon recognition of odor of mash did not constitute unreasonable search and
seizure.  28 H. 173.