§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 first demand entrance in a loud voice, and state that the officer
or person is the bearer of a warrant of arrest; or if it is in a case in which
arrest is lawful without warrant, the officer or person shall substantially
state that information in an audible voice. [PC 1869, c 49, §10; RL 1925,
§3976; RL 1935, §5410; RL 1945, §10711; RL 1955, §255-11; HRS §708-11; ren L
1972, c 9, pt of §1; gen ch 1985]



 



Cross References



 



  See Const. Art. I, §7.



 



Case Notes



 



  Breaking gate, when proper.  1 H. 72.



  Section not implicated where entry is gained through an open
door without use of force.  83 H. 13, 924 P.2d 181.



  Where a ruse is accompanied by the use of force to gain entry
during the execution of either a search or arrest warrant, police officers are
required to comply with the knock and announce rule.  98 H. 18, 41 P.3d 174.



  Because it violates the plain language of this section, the
doctrine of substantial compliance, that "substantial compliance"
with this section is legally sufficient in the absence of exigent
circumstances, is expressly rejected.  108 H. 436, 121 P.3d 901.



  Where the police opened a closed screen door and broke the
threshold of defendant's dwelling prior to announcing that they bore an arrest
warrant and failed to wait a reasonable time after demanding entry, this
section was violated; thus, subsequent search of defendant's home and seizure
of evidence therefrom were inadmissible.  108 H. 436, 121 P.3d 901.



  Where officers failed to state they were bearers of an arrest
warrant before "breaking" the screen door and failed to wait a
"reasonable time" after demanding entrance before
"breaking" the door and crossing the threshold, the officers did not
satisfy the "knock and announce" rule nor did they comply with the
requirements of this section and the trial court's conclusions of law to the
contrary were erroneous.  108 H. 446 (App.), 121 P.3d 911.



  Cited:  22 H. 597, 602, questioned 26 H. 366.