§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).
Notes of Decisions
Cited in
9
cases, 1976–2019 · leading case:
State v. Davis., 400 P.3d 453 (Haw. 2017).
State v. Davis., 400 P.3d 453 (Haw. 2017).
· cites it 21× “Bowman, Hawaii Rules of Evidence Manual § 803-3[8][D], at 8-44 (2016-2017 ed.). As to the first inquiry, the phrase “matters observed” “could reach virtually everything, but apparently it was intended to have [a] narrower meaning.”
State v. Kapoi, 637 P.2d 1105 (Haw. 1981).
· cites it 14× “He purports to find support for the foregoing proposition in the abortive attempt in 1975 to amend the provisions of HRS § 708-3, subsequently renumbered as HRS § 803-3. [4] HRS § 803-3 permits the warrantless arrest of a person who is in the act of committing a crime by "any…”
State v. Fitzwater., 227 P.3d 520 (Haw. 2010).
· cites it 5× “Bowman, Hawaii Rules of Evidence Manual § 803-3[5][D] (2008-2009 ed.) (“internal reports concerning events likely to generate litigation, offered by the organization that produces them, should be subject to routine scrutiny under rule 803(b)(6)’s untrustworthiness…”
State v. Keawe, 108 P.3d 304 (Haw. 2005).
· cites it 8× “HRS § 803-3 (1993), entitled "By person present," provides: Anyone in the act of committing a crime, may be arrested by any person present, without a warrant.”
State v. Abrigo., 445 P.3d 72 (Haw. 2019).
· cites it 3× “Bowman, Hawaii Rules of Evidence Manual § 803-3[8][D], at 8-44 (2016-2017 ed.)). Thus, under Davis , HRE Rule 803(b)(8)(B) allows the admission of public records containing simple, non-evaluative information about matters observed by public officials.”
Kimball v. Sadaoka, 548 P.2d 268 (Haw. 1976).
· cites it 4× “House v. Ane, 56 Haw. 383 , 538 P.2d 320 (1975).”
Fraser v. Cnty. of Maui, 855 F. Supp. 1167 (D. Haw. 1994).
· cites it 4× “” Haw.Rev.Stat. § 803-3 (1994). Thus, if Hawaii case law had been completely silent on the issue, this Court would most likely have found that probable cause is not a defense to the false imprisonment action here.”
Inoue v. Inoue, 185 P.3d 834 (Haw. App. 2008).
“Bowman, Hawaii Rules of Evidence Manual § 803-3[5][C] (3d ed.2006) [hereinafter Bowman ].”
State v. Figaroa, 650 P.2d 1373 (Haw. App. 1982).
“§ 803-3 By person present. Anyone in the act of committing a crime, may be arrested by any person present, without a warrant.”
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