Title 38, Procedural And Supplementary Provisions

PART I. ARRESTS GENERALLY §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. [PC 1869, c 49, §1; RL 1925, §39…

§803-10 Penalty. Any person violating or failing to comply with section 803-9 shall be fined not more than $500 or imprisoned not more than one year, or both. [L 1927, c 261, §2; RL 1935, §5409; RL 1945, §10710; RL 1955, §255-10; HRS §708-10; ren L 1972, c 9, pt of §1]

§803-11 Entering house to arrest. Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, the officer or person shall…

[PART IA. ARREST BY FEDERAL OFFICERS] §803-16 Law enforcement officers of the United States Immigration and Customs Enforcement-Homeland Security Investigations or United States Customs and Border Protection; arrest powers. A law enforcement officer of the United States Immigrati…

[§803-17] United States marshal or deputy United States marshal; arrest powers. A United States marshal or deputy United States marshal, without a warrant, may arrest a person if:

§803-2 By oral order. Where a breach of the peace or other offense has been committed, and the offender endeavors to escape, the offender may be arrested by virtue of an oral order of any magistrate, or without the order, if no magistrate is present. [PC 1869, c 49, §2; RL 1925, …

PART II. FUGITIVE CRIMINALS ON VESSELS §803-21 Fugitive criminal; surrender by master of vessel. If any person commits any offense on shore, and the offender escapes on board any vessel, the commanding officer of the vessel shall surrender the offender to any officer of the polic…

§803-22 Secreting prisoners on board; penalty. If the commanding officer of any vessel secretes, or allows to be secreted, on board the vessel, any prisoner amenable to, or convicted under the laws of the State, or conveys the prisoner out of the jurisdiction of the State, the co…

§803-23 Searching vessels without warrant; penalty. It shall be lawful for the sheriff or a police officer, to search any vessel for deserters, criminals, or other offenders, without a warrant, on producing to the commanding officer of the vessel the sheriff's or police officer's…

§803-24 War vessels excepted. Nothing contained within sections 803-21 to 803-23, shall be so construed as to apply to ships of war, or other vessels commanded by officers bearing the commissions of foreign states, and not subject to search by the law and usage of nations. [PC 18…

§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]

PART III. SEARCHES, SEARCH WARRANTS §803-31 Search warrant; defined. A search warrant is an order in writing or issued otherwise pursuant to section 803‑33.5 made by a judge or other magistrate, directed to an officer of justice, commanding the officer to search for certain artic…

§803-32 Purposes. The power of granting this writ is one in the exercise of which much is necessarily left to the discretion of the magistrate, but, except in cases where this power is elsewhere specially granted by statute, search warrants can be granted only for the following p…

§803-33 Affidavit. A search warrant can be granted in no case but on an affidavit setting forth sufficient facts in the opinion of the magistrate to justify the issuing of the warrant. [PC 1869, c 48, §4; RL 1925, §3961; RL 1935, §5413; RL 1945, §10718; RL 1955, §255-18; HRS §708…

[§803-33.5] Warrants issued on oral statements or electronic communications. (a) A judge or magistrate may grant the issuance of a search warrant pursuant to this section based upon a sworn oral statement communicated in person or by telephone, or based upon a sworn statement com…

§803-34 Contents. The warrant shall be in writing, signed by the judge or magistrate, with the judge's or magistrate's official designation, or issued pursuant to section 803-33.5, and shall be directed to a sheriff or other officer of justice, and commanding the sheriff or other…

§803-35 Deputies or police officers may serve. If the search warrant is directed to a sheriff or chief of police, it may be executed by the sheriff or chief of police or any of the sheriff's deputies or the chief's police officers. An individual or entity authorized pursuant to s…

§803-36 Notice to applicant. Before executing the warrant the officer shall give notice to the person who applied for it, that the person may be present and identify the property if found. [PC 1869, c 48, §7; RL 1925, §3964; RL 1935, §5416; RL 1945, §10721; RL 1955, §255-21; HRS …

§803-37 Power of officer serving; notice of search. (a) The officer charged with the warrant may enter the house, store, or other building designated as the place to be searched without demanding permission if the officer finds the house, store, or other building open. If the doo…

§803-38 Munitions of war. If there is reasonable cause to believe that arms or munitions of war are collected in any place for the purpose of insurrection or riot, or any other unlawful purpose, a search warrant may be issued in such case, with or without an order to the officer …

[§803-39] Notice of warrantless search. Upon completion of any warrantless search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of…

§803-4 On suspicion. Whenever a crime is committed, and the offenders are unknown, and any person is found near the place where the crime was committed, either endeavoring to conceal oneself, or endeavoring to escape, or under such other circumstances as to justify a reasonable s…

[§803-40] Securing of entrances after search. Each county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers shall develop a policy for securing the entrances to a house, store, or other building designa…

PART IV. ELECTRONIC EAVESDROPPING §803-41 Definitions. As used in this part, unless the context clearly requires otherwise: "Aggrieved person" means a person who was party to any intercepted wire, oral, or electronic communication or a person against whom the interception was dir…

§803-42 Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited. (a) Except as otherwise specifically provided in this part, any person who: shall be guilty of a class C fe…

§803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture. Any person, other than a provider of wire or electronic communication service and its duly authorized officers, employees, and agents, or any person acti…

§803-44 Application for court order to intercept wire, oral, or electronic communications. The attorney general of this State, or a designated deputy attorney general in the attorney general's absence or incapacity, or the prosecuting attorney of each county, or a designated depu…

§803-44.5 Application for a pen register or a trap and trace device. (a) The attorney general of this State or the prosecuting attorney for each county, or a subordinate designated to act in either's absence or incapacity, may apply in writing under oath or equivalent affirmation…

§803-44.6 Issuance of an order for a pen register or a trap and trace device. (a) Upon an application for an order authorizing the installation and use of a pen register or a trap and trace device, the designated judge shall satisfy itself that there are sufficient facts and circ…

§803-44.7 Application for authorization to install and use a mobile tracking device. (a) A search warrant or court order must be obtained from the designated judge or any other circuit court judge or district court judge, if a circuit court judge has not been designated by the ch…

§803-45 Authorization for disclosure and use of intercepted wire, oral, or electronic communications. (a) Any investigative or law enforcement officer, who, by any means authorized by this part, has obtained knowledge of the contents of any wire, oral, or electronic communication…

§803-46 Procedure for interception of wire, oral, or electronic communication. (a) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication shall be made in writing upon oath or affirmation to a designated judge and shal…

[§803-46.5] Emergency applications and orders. (a) If an order authorizing or approving the interception of a wire, oral, or electronic communication is immediately necessary to prevent death or injury, an emergency application for an emergency order authorizing or approving the …

§803-47 Reports concerning intercepted wire, oral, or electronic communications; reports concerning pen registers and trap and trace devices. (a) In January of each year, the attorney general and county prosecuting attorneys of this State shall report to the administrative direct…

§803-47.5 Disclosure of contents of communication while in electronic storage. (b) A person or entity may divulge the contents of a communication:

§803-47.6 Requirements for governmental access. (a) A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication pursuant to a search warrant only. (b) A governmental entity may require a provide…

§803-47.7 Backup preservation. (a) A governmental entity may include in its court order a requirement that the service provider create a backup copy of the contents of the electronic communication without notifying the subscriber or customer. The service provider shall create the…

§803-47.8 Delay of notification. (a) A governmental entity may as part of a request for a court order include a provision that notification be delayed for a period not exceeding ninety days if the court determines that notification of the existence of the court order may have an …

§803-47.9 Cost reimbursement. (a) A government entity obtaining the contents of communications, records, or other information shall pay to the person or entity providing or assembling the information a fee for reimbursement or costs that are reasonably necessary and that have bee…

§803-48 Recovery of civil damages authorized. Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall[:] The aggrieved person may also seek and be awarded such preliminary, and other equitable or declar…

§803-48.5 Injunction against illegal interception. Whenever it appears that any person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this part, the attorney general may initiate a civil action in a circuit court of this Stat…

§803-49 Severability. If any portion or subsection of this part or the application thereof to any person or circumstances is invalid, such invalidity shall not affect other sections or applications of the part which can be given effect without the invalid section or application, …

§803-5 By police officer without warrant. (a) A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the officer's prese…

§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 c…

§803-7 Use of force; duty to intervene and report unnecessary or excessive force. (a) In all cases where the person arrested refuses to submit or attempts to escape, a degree of force may be used by a law enforcement officer as is necessary to compel the person to submission. (b)…

§803-8 Weapons on person arrested. He who makes an arrest may take from the party arrested all offensive weapons which he may have about his person, and shall deliver them to the magistrate, to be disposed of according to law. [PC 1869, c 49, §8; RL 1925, §3974; RL 1935, §5407; R…

§803-9 Examination after arrest; rights of arrested person. It shall be unlawful in any case of arrest for examination: