§803-6 Arrest, how made. (a) At or
before the time of making an arrest, the person shall declare that the person
is an officer of justice, if such is the case. If the person has a warrant the
person should show it; or if the person makes the arrest without warrant in any
of the cases in which it is authorized by law, the person should give the party
arrested clearly to understand for what cause the person undertakes to make the
arrest, and shall require the party arrested to submit and be taken to the
police station or judge. This done, the arrest is complete.
(b) In any case in
which it is lawful for a police officer to arrest a person without a warrant
for a misdemeanor, petty misdemeanor, or violation, the police officer may, but
need not, issue a citation in lieu of the requirements of subsection (a), if the
police officer finds and is reasonably satisfied that:
(1) The person will appear in court at the time
designated;
(2) The person has no outstanding arrest warrants
that would justify the person's detention or give indication that the person
might fail to appear in court; and
(3) The offense is of such nature that there will be
no further police contact on or about the date in question or in the immediate
future.
(c) The citation shall contain:
(1) The name of the offender;
(2) The current address of the offender, if
available;
(3) The last four digits
of the offender's social security number, if available;
(4) A description of the offender;
(5) The nature of the offense;
(6) The time and date of the offense;
(7) A notice of time and date for court appearance;
(8) The signature and badge number of the officer;
(9) The signature of the offender agreeing to court
appearance, unless the offender refuses, or is unable to sign;
(10) Any remarks; and
(11) A notice directing the offender to appear at the
time and place designated to stand trial for the offense indicated and a notice
that failure to obey the citation may result in a fine or imprisonment, or
both;
provided that omission of any of the information
listed in paragraphs (1) to (11) or any error in the citation shall not be a
ground for dismissal of a charge or for reversal of a conviction if the
omission or error did not prejudice the defendant.
(d) Where a citation has been issued in lieu
of the requirements of subsection (a), the officer who issues the summons or
citation may subscribe to the complaint:
(1) Under oath administered by any police officer
whose name has been submitted to the prosecuting officer and who has been
designated by the chief of police to administer the oath; or
(2) By declaration in accordance with the rules of
court.
(e) If a person fails to appear in answer to
the citation; or if there is reasonable cause to believe that the person will
not appear, a warrant for the person's arrest may be issued. A knowing failure
to appear in answer to the citation may be punished by a fine of not more than
$1,000 or imprisonment of not more than thirty days or both. [PC 1869, c 49,
§6; RL 1925, §3972; RL 1935, §5405; RL 1945, §10706; am L 1953, c 42, §1; RL
1955, §255-6; HRS §708-6; ren L 1972, c 9, pt of §1; am L 1975, c 64, §1; am L
1978, c 228, §1; gen ch 1985; am L 1988, c 179, §1; am L 2002, c 71, §1; am L
2007, c 13, §1; am L 2025, c 2, §1]
Cross References
Territorial limits of warrant, see §604-13.
Rules of Court
Obtaining the appearance of defendant, see HRPP rule 9.
Case Notes
Proper manner of making arrest. 1 H. 72 (1852); 3 U.S.D.C.
Haw. 239 (1907).
After legal arrest person becomes lawful prisoner. 8 H. 185.
Law does not make it imperative that the officer declare that
he is an officer before he puts his hand on the supposed offender. 9 H. 522
(1894).
Arrest, when complete. 62 H. 99, 612 P.2d 102 (1980); 72 H.
360, 817 P.2d 1060 (1991).
Arrest was reasonable response to situation even though
offense was simple trespass. 64 H. 130, 637 P.2d 1105 (1981).
Does not require arresting officer to inform arrested person
of exact offense; arrest for "investigation of a shooting incident"
is sufficient. 67 H. 174, 681 P.2d 984 (1984).
"Arrest" may involve either (1) taking the alleged
violator into extended physical custody or (2) issuing the individual a
citation. 84 H. 295, 933 P.2d 632 (1997).
Police officers have authority to order alleged violators out
of their vehicles in the case of traffic-related criminal offenses, but not in
the case of traffic violations or when statutorily required to issue a
citation. 84 H. 295, 933 P.2d 632 (1997).
Where police had probable cause to arrest defendant without a
warrant for fourth degree theft, a petty misdemeanor under §708-833, and simple
trespass, a violation under §708-815, and this section authorized them to cite,
rather than arrest, defendant for those offenses if defendant did not have any
outstanding arrest warrants, outstanding warrant check on defendant by police
not unconstitutional. 91 H. 111 (App.), 979 P.2d 1137 (1999).
Notes of Decisions
Cited in
32
cases (
10 in the last 5 years), 1980–2026 · leading case:
State v. Barros, 48 P.3d 584 (Haw. 2002).
State v. Barros, 48 P.3d 584 (Haw. 2002).
· cites it 70× “Because, in my view, a "jaywalking" violation is not an arrestable infraction either under our statutes or our state constitution, and, thus, the justification for a warrant check detentionto enable the officer to choose between making an arrest or issuing a citationis lacking…”
State v. Kapoi, 637 P.2d 1105 (Haw. 1981).
· cites it 22× “And § 803-5 must be read in conjunction with HRS § 803-6, for the latter sets forth the proper procedure for arrests, with or without warrants.”
State v. Mortensen-Young., 526 P.3d 362 (Haw. 2023).
· cites it 6× “If the original complaint results from the issuance of a traffic summons or a citation in lieu of an arrest pursuant to section 803-6, by a police officer, the oath may be administered by any police officer whose name has been submitted to the prosecuting officer and who has…”
State v. Vallesteros, 933 P.2d 632 (Haw. 1997).
· cites it 8× “HRS § 803-6 provides in pertinent part: (a) Arrest, how made, (a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case.”
State v. Nakoa, 817 P.2d 1060 (Haw. 1991).
· cites it 12× “We stated that “[t]he only question for our determination is, whether the defendant was then under ‘arrest’ within the meaning of HRS § 710-1021 [escape statute] and HRS § 710-1000(3),” *370 and agreed with defendant Ryan that “the arrest for escape purposes must have been made…”
State v. Silva, 979 P.2d 1137 (Haw. App. 1999).
· cites it 10× “[7] Pursuant to HRS § 803-6 (1993), Arrest, how made. ...”
State v. Mita, 245 P.3d 458 (Haw. 2010).
· cites it 4× “The charge against a defendant is an indictment, an information, or a complaint filed in court, provided that, in any case where a defendant is accused of an offense that is subject to a maximum sentence of less than six months in prison (other than Operating a Vehicle Under the…”
State v. Keawe, 108 P.3d 304 (Haw. 2005).
· cites it 4× “, concurring and dissenting) (explaining that "an arrest for jaywalking, as purportedly permitted under HRS § 803-6, would violate our state constitution's prohibition against unreasonable governmental seizures"); cf.”
State v. Bunker, 681 P.2d 984 (Haw. 1984).
· cites it 8× “HRS § 803-6(a) provides: § 803-6 Arrest, how made, (a) At or before the time of making an arrest, the person shall declare that he is an officer of justice, if such is the case.”
State v. West, 18 P.3d 923 (Haw. App. 2000).
· cites it 10× “HRS § 803-6 (1993) provides, in relevant part: Arrest, how made, (a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case.”
State v. Thompson., 500 P.3d 447 (Haw. 2021).
“If the original complaint results from the issuance of a traffic summons or a citation in lieu of an arrest pursuant to section 803-6, by a police officer, the oath may be administered by any police officer whose name has been submitted to the prosecuting officer and who has…”
— Haw. Rev. Stat. § 803-6(2) — 1 case
State v. Barros, 48 P.3d 584 (Haw. 2002).
“Because, in my view, a "jaywalking" violation is not an arrestable infraction either under our statutes or our state constitution, and, thus, the justification for a warrant check detentionto enable the officer to choose between making an arrest or issuing a citationis lacking…”
— Haw. Rev. Stat. § 803-6(a) — 7 cases
State v. Mortensen-Young., 526 P.3d 362 (Haw. 2023).
“If the original complaint results from the issuance of a traffic summons or a citation in lieu of an arrest pursuant to section 803-6, by a police officer, the oath may be administered by any police officer whose name has been submitted to the prosecuting officer and who has…”
State v. Nakoa, 817 P.2d 1060 (Haw. 1991).
“We stated that “[t]he only question for our determination is, whether the defendant was then under ‘arrest’ within the meaning of HRS § 710-1021 [escape statute] and HRS § 710-1000(3),” *370 and agreed with defendant Ryan that “the arrest for escape purposes must have been made…”
State v. Bunker, 681 P.2d 984 (Haw. 1984).
“HRS § 803-6(a) provides: § 803-6 Arrest, how made, (a) At or before the time of making an arrest, the person shall declare that he is an officer of justice, if such is the case.”
— Haw. Rev. Stat. § 803-6(b) — 8 cases
State v. Barros, 48 P.3d 584 (Haw. 2002).
“Because, in my view, a "jaywalking" violation is not an arrestable infraction either under our statutes or our state constitution, and, thus, the justification for a warrant check detentionto enable the officer to choose between making an arrest or issuing a citationis lacking…”
State v. Mita, 245 P.3d 458 (Haw. 2010).
“The charge against a defendant is an indictment, an information, or a complaint filed in court, provided that, in any case where a defendant is accused of an offense that is subject to a maximum sentence of less than six months in prison (other than Operating a Vehicle Under the…”
State v. Vallesteros, 933 P.2d 632 (Haw. 1997).
“HRS § 803-6 provides in pertinent part: (a) Arrest, how made, (a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case.”
State v. Kapoi, 637 P.2d 1105 (Haw. 1981).
“And § 803-5 must be read in conjunction with HRS § 803-6, for the latter sets forth the proper procedure for arrests, with or without warrants.”
— Haw. Rev. Stat. § 803-6(d) — 1 case
State v. West, 18 P.3d 923 (Haw. App. 2000).
“HRS § 803-6 (1993) provides, in relevant part: Arrest, how made, (a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case.”
— Haw. Rev. Stat. § 803-6(e) — 2 cases
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