§803-1

Arrest; by warrant

Procedure & records · Chapter 803 — Arrests, Searches, Search Warrants · Part I. Arrests Generally

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, commentary & case notes

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).

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