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
- 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...
- 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...
- 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,...
- 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...
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
- 803-41 Definitions.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-42 Interception, Access, and Disclosure of Wire, Oral, or Electronic Communications, Use of Pen Register, Trap and Trace Device, and Mobile Tracking Device Prohibited.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-43 Devices to Intercept Wire, Oral, or Electronic Communications and Advertising of Same Prohibited; Penalty; Forfeiture.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-44 Application for Court Order to Intercept Wire, Oral, or Electronic Communications.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-44.5 Application for a Pen Register or a Trap and Trace Device.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-44.6 Issuance of an Order for a Pen Register or a Trap and Trace Device.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-44.7 Application for Authorization to Install and Use a Mobile Tracking Device.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-45 Authorization for Disclosure and Use of Intercepted Wire, Oral, or Electronic Communications.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-46 Procedure for Interception of Wire, Oral, or Electronic Communication.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-47 Reports Concerning Intercepted Wire, Oral, or Electronic Communications; Reports Concerning Pen Registers and Trap and Trace Devices.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-47.5 Disclosure of Contents of Communication While in Electronic Storage.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-47.6 Requirements for Governmental Access.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-47.7 Backup Preservation.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-47.8 Delay of Notification.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-47.9 Cost Reimbursement.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-48 Recovery of Civil Damages Authorized.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-48.5 Injunction Against Illegal Interception.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-49 Severability.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
- 803-50 Repealed.
Heading reenacted by L 2006, c 200, pt of §4. Law Journals and Reviews Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83...
Last modified: October 27, 2016