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 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).
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1982–2023 · leading case:
State v. Keawe, 108 P.3d 304 (Haw. 2005).
State v. Keawe, 108 P.3d 304 (Haw. 2005).
· cites it 46× “" She urges this court to review HRS § 803-5 in light of HRS § 803-1 (1993), entitled "Arrest; by warrant," which provides that "[n]o arrest of any person shall be made without first obtaining a warrant or other process therefor from some magistrate, except in the cases provided…”
State v. Line, 214 P.3d 613 (Haw. 2009).
· cites it 4× “then the police cannot rely upon HRS § 803-5 and must obtain a warrant pursuant to HRS § 803-1.” 20 Id. at 7, 108 P.3d at 310.”
State v. Mortensen-Young., 526 P.3d 362 (Haw. 2023).
“These warrantless OVUII arrests are authorized by [HRS] §§ 803-1; 803-5; 803-6(a) and HRPP 5(a)(2).”
State v. Figaroa, 650 P.2d 1373 (Haw. App. 1982).
· cites it 6× “Although defendant concedes there was probable cause for his arrest, he contends that under the facts of this case and pursuant to the Fourth Amendment to the *380 United States Constitution, 4 Article I, Section 7 of the Hawaii State Constitution, 5 and HRS § 803-1 (1976), a…”
State v. Rosa., 473 P.3d 741 (Haw. App. 2020).
· cites it 9× “In the December Motion to Suppress, Rosa argued that the seizure of Rosa's Phone, incident to his arrest, was in violation of his constitutional rights because his January 31, 2014 arrest was illegal, in violation of HRS § 803-1 (2014). Rosa argued, citing Keawe, that 6 HPD…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.