HRS §708-802
Using photos as proof for returned stolen property
When police recover property in a property crime case, they can take a photo of it and use that photo as evidence in court. This lets victims get their property back sooner. The photo is treated as proof of the item, but other evidence rules still apply.
everyone
The statute, as written — Property recovered in offenses against property rights
Identification of an item of property recovered for violation of chapter 708, may be made by photographing the item and authentication of the content of the photograph. Such photograph shall be deemed competent evidence of the item photographed and admissible in any proceeding, hearing, or trial for violation of the chapter. Provided, however, that nothing in this section shall be construed to limit or to restrict the application of rule 901 of the Hawaii rules of evidence. [L 1981, c 124, §1; am L 1990, c 194, §1] COMMENTARY ON §708-802 Act 124, Session Laws 1981, added this section to enable victims of burglary, theft, and related offenses to obtain the quick return of their property recovered by the police and at the same time to insure the availability of competent evidence at trial. Act 194, Session Laws 1990, amended this section to expand the type of property which may be photographed for evidence in a court proceeding. The legislature felt this amendment would allow victims of property crimes, not previously covered, to obtain their property quickly from the police. House Standing Committee Report No. 1186-90.
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