Haw. Rev. Stat. § 803-1
Arrest; by warrant
No arrest of any person shall be made without first obtaining a warrant or other process therefor from some magistrate, except in the cases provided in this chapter or otherwise provided by law.
Hawaii Revised Statutes Chapter 803 — Arrests, Searches, Search Warrants
Hawaii · statute · Haw. Rev. Stat. ch. 803 · 47 active provisions
Haw. Rev. Stat. § 803-2
By oral order
Where a breach of the peace or other offense has been committed, and the offender endeavors to escape, the offender may be arrested by virtue of an oral order of any magistrate, or without the order, if no magistrate is present.
Haw. Rev. Stat. § 803-3
By person present
Anyone in the act of committing a crime, may be arrested by any person present, without a warrant.
Haw. Rev. Stat. § 803-4
On suspicion
Whenever a crime is committed, and the offenders are unknown, and any person is found near the place where the crime was committed, either endeavoring to conceal oneself, or endeavoring to escape, or under such other circumstances as to justify a reasonable suspicion of the person being the offender, the person may be…
Haw. Rev. Stat. § 803-5
By police officer without warrant
(a) A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the officer's presence or otherwise. (b) For purposes of this section, a police officer has probable…
Haw. Rev. Stat. § 803-6
Arrest, how made
(a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case. If the person has a warrant the person should show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person should give the…
Haw. Rev. Stat. § 803-7
Use of force; duty to intervene and report unnecessary or excessive force
(a) In all cases where the person arrested refuses to submit or attempts to escape, a degree of force may be used by a law enforcement officer as is necessary to compel the person to submission. (b) A law enforcement officer who reasonably believes that another law enforcement officer is using unnecessary or excessive…
Haw. Rev. Stat. § 803-8
Weapons on person arrested
He who makes an arrest may take from the party arrested all offensive weapons which he may have about his person, and shall deliver them to the magistrate, to be disposed of according to law.
Haw. Rev. Stat. § 803-9
Examination after arrest; rights of arrested person
It shall be unlawful in any case of arrest for examination: (1) To deny to the person so arrested the right of seeing, at reasonable intervals and for a reasonable time at the place of the person's detention, counsel or a member of the arrested person's family; (2) To unreasonably refuse or fail to make a reasonable ef…
Haw. Rev. Stat. § 803-10
Penalty
Any person violating or failing to comply with section 803-9 shall be fined not more than $500 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 803-11
Entering house to arrest
Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, the officer or person shall first demand entrance in a loud voice, and state that the officer or pers…
Haw. Rev. Stat. § 803-16
Law enforcement officers of the United States Immigration and Customs Enforcement-Homeland Security Investigations or United States Customs and Border Protection; arrest powers
A law enforcement officer of the United States Immigration and Customs Enforcement-Homeland Security Investigations or United States Customs and Border Protection, without a warrant, may arrest a person if: (1) The officer is on duty; (2) One or more of the following situations exists: (A) The person commits an assault…
Haw. Rev. Stat. § 803-17
United States marshal or deputy United States marshal; arrest powers
A United States marshal or deputy United States marshal, without a warrant, may arrest a person if: (1) The marshal or deputy marshal is on duty; (2) One or more of the following situations exists: (A) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 707, agains…
Haw. Rev. Stat. § 803-21
Fugitive criminal; surrender by master of vessel
If any person commits any offense on shore, and the offender escapes on board any vessel, the commanding officer of the vessel shall surrender the offender to any officer of the police who may demand his surrender, either with or without a warrant, on production of his commission or appointment; and if the commanding o…
Haw. Rev. Stat. § 803-22
Secreting prisoners on board; penalty
If the commanding officer of any vessel secretes, or allows to be secreted, on board the vessel, any prisoner amenable to, or convicted under the laws of the State, or conveys the prisoner out of the jurisdiction of the State, the commanding officer shall be fined not less than $50, nor more than $1,000; and the vessel…
Haw. Rev. Stat. § 803-23
Searching vessels without warrant; penalty
It shall be lawful for the sheriff or a police officer, to search any vessel for deserters, criminals, or other offenders, without a warrant, on producing to the commanding officer of the vessel the sheriff's or police officer's commission or appointment as sheriff or police officer; and the commanding officer of a ves…
Haw. Rev. Stat. § 803-24
War vessels excepted
Nothing contained within sections 803-21 to 803-23, shall be so construed as to apply to ships of war, or other vessels commanded by officers bearing the commissions of foreign states, and not subject to search by the law and usage of nations.
Haw. Rev. Stat. § 803-31
Search warrant; defined
A search warrant is an order in writing or issued otherwise pursuant to section 803‑33.5 made by a judge or other magistrate, directed to an officer of justice, commanding the officer to search for certain articles supposed to be in the possession of, or anticipated to be in the possession of, one who is charged with h…
Haw. Rev. Stat. § 803-32
Purposes
The power of granting this writ is one in the exercise of which much is necessarily left to the discretion of the magistrate, but, except in cases where this power is elsewhere specially granted by statute, search warrants can be granted only for the following purposes: (1) To seize any article or thing the possession…
Haw. Rev. Stat. § 803-33
Affidavit
A search warrant can be granted in no case but on an affidavit setting forth sufficient facts in the opinion of the magistrate to justify the issuing of the warrant.
Haw. Rev. Stat. § 803-33.5
Warrants issued on oral statements or electronic communications
(a) A judge or magistrate may grant the issuance of a search warrant pursuant to this section based upon a sworn oral statement communicated in person or by telephone, or based upon a sworn statement communicated electronically. (b) In the case of an application for a warrant based on a sworn oral statement that is com…
Haw. Rev. Stat. § 803-34
Contents
The warrant shall be in writing, signed by the judge or magistrate, with the judge's or magistrate's official designation, or issued pursuant to section 803-33.5, and shall be directed to a sheriff or other officer of justice, and commanding the sheriff or other officer to search for and bring before the judge or magis…
Haw. Rev. Stat. § 803-35
Deputies or police officers may serve
If the search warrant is directed to a sheriff or chief of police, it may be executed by the sheriff or chief of police or any of the sheriff's deputies or the chief's police officers. An individual or entity authorized pursuant to section 803-37 to provide technical assistance may assist a deputy or police officer.
Haw. Rev. Stat. § 803-36
Notice to applicant
Before executing the warrant the officer shall give notice to the person who applied for it, that the person may be present and identify the property if found.
Haw. Rev. Stat. § 803-37
Power of officer serving; notice of search
(a) The officer charged with the warrant may enter the house, store, or other building designated as the place to be searched without demanding permission if the officer finds the house, store, or other building open. If the doors, gates, or other bars to the entrance are shut, the officer shall declare the officer's o…
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