2014 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
803. Arrests, Search Warrants
803-1 Arrest; by warrant.
§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. [PC 1869, c 49, §1; RL 1925, §3967; RL 1935, §5400; RL 1945, §10701; RL 1955, §255-1; HRS §708-1; ren L 1972, c 9, pt of §1; am L 2006, c 28, §§1, 3]
Cross References
See Const. art. I, §7.
Rules of Court
Application for arrest warrant, see HRPP rule 3.
Obtaining the appearance of defendant, see HRPP rule 9.
Case Notes
When warrant not necessary. 7 H. 454 (1888).
Authority to issue warrant of arrest on charge of fraud implies power to discharge when fraud is disproved. 8 H. 187 (1890).
Defined. 23 H. 250 (1916).
(Cited as §708-33.) Affidavit for arrest warrant submitted with affidavit for search warrant can be considered to determine probable cause for search warrant. 56 H. 366, 537 P.2d 8 (1975).
Defendant's warrantless arrest for a petty misdemeanor, made twenty days after the alleged crime was committed, was unlawful; if police believe that waiting days or weeks to arrest a defendant is the most appropriate action under the circumstances, then the police cannot rely on §803-5 and must obtain a warrant pursuant to this section. 107 H. 1, 108 P.3d 304 (2005).
Cited: 37 H. 189, 199 (1945), aff'd 163 F.2d 490 (1947); 42 H. 367, 391 (1958).
Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
