§803-7 Use of force. In all cases where the person arrested refuses to submit or attempts to escape, such degree of force may be used as is necessary to compel the person to submission. [PC 1869, c 49, §7; RL 1925, §3973; RL 1935, §5406; RL 1945, §10707; RL 1955, §255-7; HRS §708-7; ren L 1972, c 9, pt of §1; gen ch 1985]
Cross References
Justifiable use of force, see §703-307.
Case Notes
Breaking gate, when proper. 1 H. 72 (1852).
Officer not liable for injuries inflicted in use of reasonably necessary force to preserve peace and maintain order or to overcome resistance to the officer's authority. 24 H. 477, 482 (1918); 30 H. 487 (1928). See 9 H. 522 (1894).
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.