ยง803-3 - By person present.
ยง803-3ย By person present.ย Anyone in
the act of committing a crime, may be arrested by any person present, without a
warrant. [PC 1869, c 49, ยง3; RL 1925, ยง3969; RL 1935, ยง5402; RL 1945, ยง10703;
RL 1955, ยง255-3; HRS ยง708-3; ren L 1972, c 9, pt of ยง1]
Attorney General Opinions
ย A police officer may arrest without a warrant if the police
officer has probable cause to believe an offense is being committed in the
police officer's presence, even though it be a violation.ย Att. Gen. Op. 76-4.
Case Notes
ย Arrest without warrant, legal.ย 14 H. 586.
ย Police officer may arrest for a misdemeanor without warrant
if, based on personal knowledge, police officer has probable cause to believe
offense is being committed in police officer's presence.ย 56 H. 383, 538 P.2d
320.
ย This authority extends to misdemeanors.ย 56 H. 675, 548 P.2d
268.