[PART IA. 
ARREST BY FEDERAL OFFICERS]



 



§803-16  Officer of United States Customs
and Border Protection Service or Citizenship and Immigration Services; arrest
powers.  An officer of the United States Customs and Border Protection
Service or the Citizenship and Immigration Services, without a warrant, may
arrest a person if:



(1)  The officer is on duty;



(2)  One or more of the following situations exists:



(A)  The person commits an assault or other
crime involving physical harm, defined and punishable under chapter 707,
against the officer or against any other person in the presence of the officer;



(B)  The person commits an offense against
public order, defined and punishable under chapter 711, in the presence of the
officer;



(C)  The officer has probable cause to believe
that a crime as provided in subparagraph (A) or (B) has been committed and has
probable cause to believe that the person to be arrested has committed the
crime;



(D)  The officer has probable cause to believe
that a felony has been committed and probable cause to believe that the person
to be arrested has committed the felony; or



(E)  The officer has received information by
written, telegraphic, teletypic, telephonic, radio, or other authoritative
source that a law enforcement officer holds a warrant for the person's arrest;
and



(3)  The Director of the Hawaii district office for
the Customs and Border Protection Service, or the Citizenship and Immigration
Services, as the case may be, certifies to the State that the officer has
received proper training within the agency to enable that officer to enforce or
administer this section. [L 1980, c 201, §1; am L 2008, c 95, §2]