Title 38, Procedural And Supplementary Provisions

§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: (1) Intentionally intercepts, e…

§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. (a)(1) A person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by …

§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[:] (1) Have a civil cause of action against any person who accesses, intercepts, discloses, or uses,…

§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: (1) To deny to the person so arrested the right of seeing, at reasonable intervals and for a reasonable time at the place of the person's detention, counsel or …

PART I. BAIL; RECOGNIZANCE §804-1 Bail defined. Bail, or the giving of bail, is the signing of the recognizance by the defendant and the defendant's surety or sureties, conditioned for the appearance of the defendant at the session of a court of competent jurisdiction to be named…

§804-10.5 Sureties; qualification. (a) In determining the sufficiency of a surety or sureties, the court shall consider the surety's or sureties': (1) Character; (2) Reliability; (3) Place of residence; and (4) Financial and employment circumstances. (b) No person shall be suffic…

§804-11 One surety sufficient; when. A single surety is sufficient, if the surety offers cash, a credit or debit card authorization, stocks, bonds, or real property in accordance with section 804-11.5; otherwise, there shall be two or more sureties. [PC 1869, c 50, §9; RL 1925, §…

§804-11.5 Cash, credit and debit card authorization, stocks, bonds, or real property as security for bail. (a) Any person who is permitted to give bail in accordance with section 804-7.4 may secure the bail bond by a deposit, with the clerk of the appropriate court, of: (1) Cash …

§804-12 Bond for minor. When the person admitted to bail is a minor the bond shall notwithstanding be valid. [PC 1869, c 50, §11; RL 1925, §3988; RL 1935, §5442; RL 1945, §10742; RL 1955, §256-12; HRS §709-12; ren L 1972, c 9, pt of §1; am L 1980, c 195, §1]

§804-13 Insufficient bail. If, owing to mistake or misrepresentation, insufficient bail has been taken, or if the sureties afterwards become insufficient, the accused may be ordered to find sufficient sureties by any magistrate and on the accused's refusal, the accused may be com…

§804-14 Discharge of sureties. Those who may have become bail for anyone, may at any time discharge themselves, by surrendering him to the custody of any sheriff or chief of police or his authorized subordinate. [PC 1869, c 50, §14; RL 1925, §3990; am imp L 1933, c 30, §1; RL 193…

§804-15 Recognizance. In all cases where a magistrate either commits for trial or bail the accused, the magistrate may cause each of the witnesses who has been examined and has testified to any material fact or circumstance in the case to enter into a recognizance, with or withou…

§804-16 Bail bond, etc., deposited where. The magistrate who makes any commitment or lets any person to bail, shall without any unnecessary delay, at the farthest within ten days, transmit to the clerk or presiding judge of the court which has legal cognizance of the offense char…