§803-1 - Arrest; by warrant. - Hawaii Statutes

PART I.  ARRESTS GENERALLY

 

     §803-1  Arrest; by warrant.  [Repeal and reenactment on July 1, 2011.  L 2006, c 28, §3.]  (a)  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.

     (b)  Arrest warrants may be served by any county police officer or public safety officer with police powers appointed pursuant to section 353C-4.

     (c)  The attorney general shall adopt rules pursuant to chapter 91 by which persons retired from a position described in subsection (b) may be authorized to serve arrest warrants issued due to the defendant's nonappearance, noncompliance with the terms and conditions of sentencing, or for violation of any order entered in a case arising from an offense that is a violation or for which no imprisonment is otherwise authorized. [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]

 

Cross References

 

  See Const. Art. I, §7.

 

Rules of Court

 

  See HRPP rules 3, 9.

 

Case Notes

 

  When warrant not necessary.  7 H. 454.

  Authority to issue warrant of arrest on charge of fraud implies power to discharge when fraud is disproved.  8 H. 187.

  Defined.  23 H. 250.

  Cited:  37 H. 189, 199, affirmed 163 F.2d 490; 42 H. 367, 391.

  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.

  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.