The forfeiture process is used by the Honolulu
Police Department to disrupt criminal activity
and deprive criminals of the profits and
instrumentalities of their crimes. State asset
forfeiture cases shall be investigated in
accordance with Chapter 712A of the Hawaii Revised Statutes (HRS).

DEFINITIONS

Asset Forfeiture: A law enforcement-initiated
civil procedure used to seize property that has
been used in the commission of a crime or that
is the profit or proceeds of criminal activity.

Covered Offense: Any crime set forth in
Section 712A-4, HRS, or any other offense
for which forfeiture is provided by the
law relating to a particular offense.

Interest-Holder: A person associated with
or who may have a financial interest in or
claim to seized property.

Proceeds: Any item of value derived directly
or indirectly from or realized through unlawful activity.

Seizure for Forfeiture: The seizure of property
or proceeds with the assertion that the property
is subject to forfeiture in that it complies with
Sections 712A-4 and 712A-5, HRS.

GENERAL PROCEDURES

Officers shall be guided by Chapter 712A, HRS,
when seizing property for forfeiture proceedings.

A. An officer investigating a covered offense
enumerated in Section 712A-4, HRS, shall determine,
with the approval of his or her supervisor, if there
is probable cause to seize any property (i.e., vehicle,
cash, or other property) that is subject to forfeiture
under Section 712A-5, HRS.

B. Once determined that the assets to be
seized qualify for seizure and are for a
covered offense, the officer’s supervisor
shall contact the Communications Division.
The Communications Division shall then contact
the Narcotics/Vice Division’s (NVD) on-call
detective. The on-call detective shall advise
the supervisor to determine whether the seizure
for forfeiture falls under the enumerated offenses
and that the item is statutorily subject to seizure.

1. The on-call detective shall evaluate
each item to determine whether to accept or
decline the property. The on-call detective
shall consider factors such as the value of
the items and the cost of towing/storing the
item. The detective shall also determine if
there are adequate facilities available to
safely store the property. The seizing officer
shall be responsible for returning any declined
items to the owner or owner’s designee.

2. Patrol commanders outside of the Alapai
headquarters shall be responsible for keeping
an inventory of all forfeited vehicles at their
respective facilities. Each month, patrol
commanders shall also be required to forward
the inventory lists of all seized vehicles to
the Forfeiture Detail, NVD, no later than the
third Friday of each month.

3. The NVD shall be responsible for
keeping an inventory of all forfeited
vehicles at the Alapai headquarters.
The NVD shall complete all of the inventory
lists and submit a status report to the
Chief of Police no later than the last day of each month.

C. If the seizure for forfeiture is
determined to be qualified, the officer
shall initiate an Incident Report, HPD-192
form, with “Asset Forfeiture” as the Incident
Type. The officer shall include the name
of the on-call detective who approved the seizure in the report.

D. At the scene, the officer
shall locate all owners and persons known
to have an interest in the property and
serve them with a completed Notice of
Seizure of Forfeiture, HPD-502 form.
Each individual owner shall be served
with a separate HPD-502 form. The person(s)
served shall sign above his or her printed name to confirm notification.

E. In the event that the property
seized is a vehicle, every effort shall be made
by the seizing officer to notify the legal owner
listed on the vehicle registration. This includes
the operator and passengers of a vehicle if the
owner is not present. All efforts to locate the
owner(s) shall be noted in the “Asset Forfeiture” incident report.

F. Items not subject to asset
forfeiture shall be returned to the owner
or owner’s designee by the seizing officer.
The officer shall initiate a “Found Property”
Incident Report, HPD-192 form, for all items
that are unclaimed or whose ownership cannot be determined.

G. The officer shall forward the following
to the Asset Forfeiture Detail of the NVD by the end of their work shift:

1. The completed original HPD-502 form;

2. A copy of the asset forfeiture report;

3. A copy of the Judicial Determination of Probable Cause;

4. A copy of the search warrant; and

5. Copies of other related reports.

Any additional reports shall be forwarded to
the Asset Forfeiture Detail, NVD, as soon as practicable.

H. Property seized for forfeiture shall
be submitted to the Evidence Room, Records
and Identification Division, labeled with the
asset forfeiture report number. A vehicle
seized for forfeiture shall be towed in accordance
with Policy 6.12, TOWING PROCEDURES; and Policy
8.14, VEHICLES, KEYS, AND PROPERTY IN POLICE CUSTODY.
A completed forfeiture sheet shall be taped to
the inside of the front windshield of the vehicle
(refer to the attachment). The keys for the seized
vehicle shall be submitted into evidence under the
asset forfeiture report number. The NVD shall be
responsible for the disposition of the seized vehicle.

I. When property is no longer needed as evidence
but is subject to asset forfeiture, the officer/
investigator shall contact the Asset Forfeiture Detail, NVD.