§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).
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
803-5 By police officer without warrant.
803-8 Weapons on person arrested.
803-9 Examination after arrest; rights of arrested person.
803-11 Entering house to arrest.
803-17 United States marshal or deputy United States marshal; arrest powers.
803-21 Fugitive criminal; surrender by master of vessel.
803-22 Secreting prisoners on board; penalty.
803-23 Searching vessels without warrant; penalty.
803-31 Search warrant; defined.
803-33.5 Warrants issued on oral statements or electronic communications.
803-35 Deputies or police officers may serve.
803-37 Power of officer serving.
803-44 Application for court order to intercept wire, oral, or electronic communications.
803-44.5 Application for a pen register or a trap and trace device.
803-44.6 Issuance of an order for a pen register or a trap and trace device.
803-44.7 Application for authorization to install and use a mobile tracking device.
803-45 Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
803-46 Procedure for interception of wire, oral, or electronic communication.
803-47.5 Disclosure of contents of communication while in electronic storage.
803-47.6 Requirements for governmental access.
803-47.8 Delay of notification.