Hawaii Revised Statutes
711. Offenses Against Public Order
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...

§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 [L 2006, c 239, pt of §1; am L 2007, c 114, §5; am L 2008, c 128, § §2, 7; am L 2009, c 11, §15 as superseded by c 160, §3; am L 2011, c 149, § §2, 6; am L 2012, c 25, §1]
Note
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).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 37. Hawaii Penal Code

711. Offenses Against Public Order

711-1100 Definitions.

711-1101 Disorderly conduct. §711-1101 Commentary:

711-1102 Failure to disperse. §711-1102 Commentary:

711-1103 Riot. §711-1103 Commentary:

711-1104 Unlawful assembly. §711-1104 Commentary:

711-1105 Obstructing. §711-1105 Commentary:

711-1106 Harassment. §711-1106 Commentary:

711-1106.4 Aggravated harassment by stalking.

711-1106.5 Harassment by stalking.

711-1106.6 Harassment by impersonation.

711-1107 Desecration. §711-1107 Commentary:

711-1108 Abuse of a corpse. §711-1108 Commentary:

711-1108.5 Cruelty to animals in the first degree.

711-1109 Cruelty to animals in the second degree.

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...

711-1109.2 Forfeiture of animal prior to filing of or final disposition of criminal charges.

711-1109.3 Cruelty to animals by fighting dogs in the first degree.

711-1109.4 Causing injury or death to a service animal or law enforcement animal.

711-1109.5 Intentional interference with the use of a service animal or law enforcement animal.

711-1109.6 REPEALED. L 2009, c 160, §3.

711-1109.7 Pet animal or equine animal desertion. (1) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal. (2) Any person who violates subsection (1) shall be gui...

711-1109.8 Sexual assault of an animal.

711-1109.35 Cruelty to animals by fighting dogs in the second degree.

711-1109.37 Cruelty to animals by trapping.

711-1110 Relating to agent of society.

711-1110.5 Surrender or forfeiture of animals.

711-1110.9 Violation of privacy in the first degree.

711-1111 Violation of privacy in the second degree. §711-1111 Commentary:

711-1112 Interference with the operator of a public transit vehicle.