Haw. Rev. Stat. § 803-1
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]
See Const. art. I, §7.
Application for arrest warrant, see HRPP rule 3.
Obtaining the appearance of defendant, see HRPP rule 9.
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).