§711-1109.1  Authority to enter premises; notice of impoundment of animal; damage resulting from entry.  (1)  If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal or equine animal is located to provide the pet animal or equine animal with food, water, and emergency medical treatment or to impound the pet animal or equine animal.  If after reasonable effort, the owner or person having custody of the pet animal or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal or equine animal was removed.

     (2)  A law enforcement officer is not liable for any damage resulting from an entry under subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the law enforcement officer.

     (3)  A court may order a pet animal or equine animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals.  A facility receiving the pet animal or equine animal shall provide adequate food and water and may provide veterinary care.

     (4)  For purposes of this section, "law enforcement officer" shall have the same meaning as [in] section 710-1000. [L 2006, c 239, pt of §1; am L 2007, c 114, §5; am L 2008, c 128, §§2, 7; am L 2009, c 11, §15 as superseded by c 160, §3; am L 2011, c 149, §§2, 6; am L 2012, c 25, §1]




  The repeal and reenactment note at subsection (1) in the main volume took effect on July 1, 2015, pursuant to L 2008, c 128, §7; L 2009, c 160, §3; and L 2011, c 149, §6.


Case Notes


  Defendant, an officer of the Hawaii Island Humane Society, had authority under state law to apply for and execute the search warrant.  947 F. Supp. 2d 1087 (2013).