Hawaii Revised Statutes 803. Arrests, Search Warrants

PART I. ARRESTS GENERALLY

  • 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...
  • 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...
  • 803-3 by Person Present.
    Anyone in the act of committing a crime, may be arrested by any person present, without a warrant. [PC 1869, c 49, §3; RL...
  • 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...
  • 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...
  • 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...
  • 803-7 Use of Force.
    In all cases where the person arrested refuses to submit or attempts to escape, such degree of force may be used as is necessary...
  • 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...
  • 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...
  • 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,...
  • 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...

PART IA. ARREST BY FEDERAL OFFICERS

PART II. FUGITIVE CRIMINALS ON VESSELS

PART III. SEARCH WARRANTS

  • 803-31 Search Warrant; Defined.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-31 Search warrant; defined. A search warrant is an...
  • 803-32 Purposes.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-32 Purposes. The power of granting this writ is...
  • 803-33 Affidavit.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-33 Affidavit. A search warrant can be granted in...
  • 803-34 Contents.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-34 Contents. The warrant shall be in writing, signed...
  • 803-35 Deputies May Serve.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-35 Deputies may serve. If the search warrant is...
  • 803-36 Notice to Applicant.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-36 Notice to applicant. Before executing the warrant the...
  • 803-37 Power of Officer Serving.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-37 Power of officer serving. The officer charged with...
  • 803-38 Munitions of War.
    See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41. §803-38 Munitions of war. If there is reasonable cause...

PART IV. ELECTRONIC EAVESDROPPING

Note

As to procedural statutes superseded by the rules of court, see note preceding Title 32.

Last modified: October 27, 2016