2014 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
803. Arrests, Search Warrants
803-3 By person present.
§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 1925, §3969; RL 1935, §5402; RL 1945, §10703; RL 1955, §255-3; HRS §708-3; ren L 1972, c 9, pt of §1]
Attorney General Opinions
A police officer may arrest without a warrant if the police officer has probable cause to believe an offense is being committed in the police officer's presence, even though it be a violation. Att. Gen. Op. 76-4.
Case Notes
Arrest without warrant, legal. 14 H. 586 (1903).
Police officer may arrest for a misdemeanor without warrant if, based on personal knowledge, police officer has probable cause to believe offense is being committed in police officer's presence. 56 H. 383, 538 P.2d 320 (1975).
This authority extends to misdemeanors. 56 H. 675, 548 P.2d 268 (1976).
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.
