When an officer determines that a serial number
of a motor vehicle has been altered, erased,
removed, or defaced in any way, the officer
shall seize the vehicle.
AUTHORIZATION
Under Section 286-44, Hawaii Revised Statutes,
it is unlawful for any person to possess a motor
vehicle, a motor block, or any part thereof,
knowing that the motor number, serial number,
or manufacturer’s number placed on same by the
manufacturer for the purpose of identification
has been changed, altered, erased, or mutilated
for the purpose of changing its identity. All
such motor vehicles, motor blocks, or parts shall
be forfeited to the county where found.
PROCEDURE
A. The seizing officer shall notify the
Communications Division of the description
and location of the vehicle. Communications
Division personnel shall notify Records and
Identification Division personnel when the
vehicle is towed to the designated location in the district.
B. The seizing officer shall prepare an
incident report and an evidence report.
1. The original incident report and a
copy of the evidence report shall be forwarded
to the Records and Identification Division.
2. The original and three copies of the
evidence report shall remain with the vehicle in police custody.
IDENTIFICATION OF VEHICLE
The Auto Theft Detail will assign a detective
to attempt to identify the defaced vehicle by
its confidential identification number. The
detective can request assistance by submitting
an SIS Work Request, HPD-207 form, to the
Scientific Investigation Section for acid etching
of the numbers that have been ground or filed off.
DISPOSITION OF VEHICLE
A. If the vehicle is identified, the element
making the identification shall notify the owner
and have the vehicle returned. Both the registered
owner and the legal owner shall be notified when the two are different.
B. If the auto theft detective is unable to
identify the vehicle, the detective shall notify
evidence control personnel of the Records and
Identification Division by submitting a follow-up
report and an Evidence Disposition, HPD-230 form.
A copy of the follow-up report shall be left with the defaced vehicle.
PARTIALLY DEFACED VEHICLES
A. When a vehicle is only partially defaced
and the defaced parts cannot be identified, those
parts shall be kept as evidence.
(For example, the serial number plate on the body
of the vehicle is missing, but the numbers on the
frame and the engine are intact.)
1. The Records and Identification Division
shall arrange to have the vehicle disassembled.
2. All disassemblies shall be performed
under the direction and supervision of Records
and Identification Division personnel or other
police personnel designated by the Records and
Identification Division.
3. The officer or employee supervising the
disassembly shall submit a follow up report and
the Disposition of Defaced Vehicle and/or Parts, HPD 116 form.
B. Undefaced parts of the vehicle should be
returned to the owner or, if the owner is not
known, to the last person legally in possession of them.
1. The individual to whom undefaced parts are
returned must sign the property receipt for the parts.
2. When undefaced parts are not claimed promptly,
the Records and Identification Division shall notify
the owner or last possessor by registered letter that
he or she has 90 days in which to retrieve the parts.
If the parts have not been claimed within 90 days of
the mailing date of the letter, the Records and
Identification Division may have them sold at auction or destroyed.
C. Whenever there is an ownership dispute, the
property shall be retained by the Records and
Identification Division until a disposition is
determined by the Department of the Corporation Counsel.
D. Defaced parts that cannot be identified
shall not be released to anyone. The Records
and Identification Division shall have such parts
destroyed or auctioned as scrap after the Auto
Theft Detail, Criminal Investigation Division,
has determined that they cannot be identified.
FOLLOW UP REPORT
The auto theft detective shall submit a follow-up
report documenting the disposition of the vehicle.
A copy of this report shall be forwarded to the
evidence control personnel of the Records and
Identification Division to document the disposition
of the vehicle and all parts in defaced motor vehicle cases.