803-6 Arrest, how made. (a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case. If the person has a warrant the person should show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person should give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge. This done, the arrest is complete.

(b) In any case in which it is lawful for a police officer to arrest a person without a warrant for a misdemeanor, petty misdemeanor or violation, the police officer may, but need not, issue a citation in lieu of the requirements of [subsection] (a), if the police officer finds and is reasonably satisfied that the person:

(1) Will appear in court at the time designated;

(2) Has no outstanding arrest warrants which would justify the person's detention or give indication that the person might fail to appear in court; and

(3) That the offense is of such nature that there will be no further police contact on or about the date in question, or in the immediate future.

(c) The citation shall contain:

(1) The name and current address of the offender;

(2) The last four digits of the offender's social security number;

(3) A description of the offender;

(4) The nature of the offense;

(5) The time and date of the offense;

(6) A notice of time and date for court appearance;

(7) The signature and badge number of the officer;

(8) The signature of the offender agreeing to court appearance;

(9) Any remarks; and

(10) A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both.

(d) Where a citation has been issued in lieu of the requirements of subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

(1) Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

(2) By declaration in accordance with the rules of court.

(e) If a person fails to appear in answer to the citation; or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued. A knowing failure to appear in answer to the citation may be punished by a fine of not more than $1,000 or imprisonment of not more than thirty days or both. [PC 1869, c 49, 6; RL 1925, 3972; RL 1935, 5405; RL 1945, 10706; am L 1953, c 42, 1; RL 1955, 255-6; HRS 708-6; ren L 1972, c 9, pt of 1; am L 1975, c 64, 1; am L 1978, c 228, 1; gen ch 1985; am L 1988, c 179, 1; am L 2002, c 71, 1; am L 2007, c 13, 1]


Cross References


Territorial limits of warrant, see 604-13.


Rules of Court


Obtaining the appearance of defendant, see HRPP rule 9.


Case Notes


Proper manner of making arrest. 1 H. 72 (1852); 3 U.S.D.C. Haw. 239 (1907).

After legal arrest person becomes lawful prisoner. 8 H. 185.

Law does not make it imperative that the officer declare that he is an officer before he puts his hand on the supposed offender. 9 H. 522 (1894).

Arrest, when complete. 62 H. 99, 612 P.2d 102 (1980); 72 H. 360, 817 P.2d 1060 (1991).

Arrest was reasonable response to situation even though offense was simple trespass. 64 H. 130, 637 P.2d 1105 (1981).

Does not require arresting officer to inform arrested person of exact offense; arrest for "investigation of a shooting incident" is sufficient. 67 H. 174, 681 P.2d 984 (1984).

"Arrest" may involve either (1) taking the alleged violator into extended physical custody or (2) issuing the individual a citation. 84 H. 295, 933 P.2d 632 (1997).

Police officers have authority to order alleged violators out of their vehicles in the case of traffic-related criminal offenses, but not in the case of traffic violations or when statutorily required to issue a citation. 84 H. 295, 933 P.2d 632 (1997).

Where police had probable cause to arrest defendant without a warrant for fourth degree theft, a petty misdemeanor under 708-833, and simple trespass, a violation under 708-815, and this section authorized them to cite, rather than arrest, defendant for those offenses if defendant did not have any outstanding arrest warrants, outstanding warrant check on defendant by police not unconstitutional. 91 H. 111 (App.), 979 P.2d 1137 (1999).



Previous Vol14_Ch0701-0853 Next