Haw. Rev. Stat. § 803-1

Current through Act 7 of the 2024 Legislative Session

Section 803-1 - Arrest; by warrant

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.

HRS § 803-1

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 .

Rules of Court

See HRPP rules 3, 9.

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.

See Const. Art. I, §7.