§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 cause to
believe that such person has committed any offense, whether in the officer's
presence or otherwise.
(b) For purposes of this section, a police
officer has probable cause to make an arrest when the facts and circumstances
within the officer's knowledge and of which the officer has reasonably
trustworthy information are sufficient in themselves to warrant a person of
reasonable caution in the belief that a crime has been or is being committed.
[PC 1869, c 49, §5; RL 1925, §3971; RL 1935, §5404; RL 1945, §10705; RL 1955,
§255-5; HRS §708-5; ren L 1972, c 9, pt of §1; am L 1980, c 105, §1; am L 1981,
c 186, §1; am L 1982, c 221, §1]
Cross References
See Const. art. I, §7.
Detention for examination, see §803-9.
Rules of Court
Proceedings following arrest, see HRPP rule 5.
Case Notes
Search without warrant. 278 F.2d 386 (1960).
Held legal. 9 H. 522 (1894); 14 H. 586 (1903); 22 H. 597,
602 (1915); 37 H. 189 (1945), aff'd 163 F.2d 490 (1947); 48 H. 204, 397 P.2d
558 (1964).
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).
No reason to conclude that warrantless arrests for
"violation" are proscribed. 64 H. 130, 637 P.2d 1105 (1981).
Probable cause existed for arrest. 67 H. 174, 681 P.2d 984
(1984).
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 this
section and must obtain a warrant pursuant to §803-1. 107 H. 1, 108 P.3d 304
(2005).
As subsequent events can neither support nor invalidate the
existence of probable cause at the time of the search or seizure, the
invalidation of defendant's prior conviction (and probation order) on appeal
did not retroactively invalidate probable cause for an arrest based on
violation of that probation order; thus, there were no changed circumstances
that required the trial court to allow withdrawal of defendant's no contest
plea to prevent manifest injustice and thus no abuse of discretion in the denial
of defendant's motion. 109 H. 458, 128 P.3d 340 (2006).
In light of facts known to the police at time of arrest, the
police reasonably believed that passenger seated in right rear seat of car
violated §134-6(c) (1991) either as a principal or accomplice. 9 H. App. 551,
851 P.2d 926 (1993).
Cited: 56 H. 675, 548 P.2d 268 (1976).
See 35 H. 232, aff'd 119 F.2d 936 (1941).
Notes of Decisions
Cited in
26
cases (
7 in the last 5 years), 1976–2025 · leading case:
State v. Keawe, 108 P.3d 304 (Haw. 2005).
State v. Keawe, 108 P.3d 304 (Haw. 2005).
· cites it 64× “This case requires an interpretation of HRS § 803-5 (1993), which provides that a police officer may make a warrantless arrest if that officer has probable cause to do so: (a) A police officer or other officer of justice, may, without warrant, arrest and detain for examination…”
State v. Mortensen-Young., 526 P.3d 362 (Haw. 2023).
· cites it 8× “The State thus argues that the district court erroneously dismissed the charging instruments, which complied 8 HRS § 803-5 (2014) provides: By police officer without warrant.”
State v. Vallesteros, 933 P.2d 632 (Haw. 1997).
· cites it 12× “HRS §§ 803-5, 803-6, and 286-10 Authorize Police Officers to Order Individuals Out of Vehicles for Traffic Criminal Offenses, but not far Traffic Violations.”
State v. Kapoi, 637 P.2d 1105 (Haw. 1981).
· cites it 14× “[6] However, as the State notes, it is HRS § 803-5 rather than § 803-3 that specifically authorizes warrantless arrests by police officers.”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
· cites it 2× “if the offense is committed in [the] officer's presence"); Haw. Rev. Stat. § 803-5 (a) (1999) ("when the officer has probable cause to believe that [a] person has committed any offense"); Idaho Code § 19-603 (1) (1997) ("[f]or a public offense committed or attempted in…”
State v. Barros, 48 P.3d 584 (Haw. 2002).
· cites it 8× “Pursuant to HRS §§ 803-5(a) and (b) (1993), and HRS § 803-6(b) (1993), police have the authority to arrest a person without a warrant if the officer has probable cause to believe the individual has committed an "offense," and has discretion to issue a citation in lieu of arrest…”
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.”
State v. Silva, 979 P.2d 1137 (Haw. App. 1999).
· cites it 4× “[7] Pursuant to HRS § 803-5 (1993), (a) A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the officer's presence…”
State v. Maganis, 123 P.3d 679 (Haw. 2005).
· cites it 2× “See also HRS § 803-5(b) (1993) ("[A] police officer has probable cause to make an arrest when the facts and circumstances within the officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable…”
State v. Kido, 128 P.3d 340 (Haw. 2006).
· cites it 2× “HRS § 803-5 (1993), which provides for warrantless arrests by a police officer where the officer has probable cause, defines probable cause as existing when the facts and circumstances within the officer’s knowledge and of which the officer has reasonably trustworthy information…”
Fraser v. Cnty. of Maui, 855 F. Supp. 1167 (D. Haw. 1994).
· cites it 5× “2d 142 (1964)); see also Haw.Rev.Stat. § 803-5(a) (1994) (“A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the…”
Kimball v. Sadaoka, 548 P.2d 268 (Haw. 1976).
· cites it 4× “" Suppose, then, that a police officer patrolling in the vicinity of a school in the early morning hours finds a group of individuals, obviously without proper authority, encamped upon school premises.”
— Haw. Rev. Stat. § 803-5(1993) — 1 case
— Haw. Rev. Stat. § 803-5(a) — 4 cases
State v. Barros, 48 P.3d 584 (Haw. 2002).
“Pursuant to HRS §§ 803-5(a) and (b) (1993), and HRS § 803-6(b) (1993), police have the authority to arrest a person without a warrant if the officer has probable cause to believe the individual has committed an "offense," and has discretion to issue a citation in lieu of arrest…”
State v. Vallesteros, 933 P.2d 632 (Haw. 1997).
“HRS §§ 803-5, 803-6, and 286-10 Authorize Police Officers to Order Individuals Out of Vehicles for Traffic Criminal Offenses, but not far Traffic Violations.”
Fraser v. Cnty. of Maui, 855 F. Supp. 1167 (D. Haw. 1994).
“2d 142 (1964)); see also Haw.Rev.Stat. § 803-5(a) (1994) (“A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the…”
— Haw. Rev. Stat. § 803-5(b) — 5 cases
State v. Maganis, 123 P.3d 679 (Haw. 2005).
“See also HRS § 803-5(b) (1993) ("[A] police officer has probable cause to make an arrest when the facts and circumstances within the officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable…”
Fraser v. Cnty. of Maui, 855 F. Supp. 1167 (D. Haw. 1994).
“2d 142 (1964)); see also Haw.Rev.Stat. § 803-5(a) (1994) (“A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the…”
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