§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
presence or otherwise.



(b)  For purposes of this section, a police
officer has probable cause to make an arrest when the facts and circumstances
within the officer's knowledge and of which the officer has reasonably
trustworthy information are sufficient in themselves to warrant a person of
reasonable caution in the belief that a crime has been or is being committed.
[PC 1869, c 49, §5; RL 1925, §3971; RL 1935, §5404; RL 1945, §10705; RL 1955,
§255-5; HRS §708-5; ren L 1972, c 9, pt of §1; am L 1980, c 105, §1; am L 1981,
c 186, §1; am L 1982, c 221, §1]



 



Cross References



 



  See Const. Art. I, §7.



  As to detention for examination, see §803-9.



 



Rules of Court



 



  See HRPP rule 5.



 



Case Notes



 



  Search without warrant.  278 F.2d 386.



  Held legal.  9 H. 522; 14 H. 586; 22 H. 597, 602; 37 H. 189,
aff'd 163 F.2d 490; 48 H. 204, 397 P.2d 558.



  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.  56 H. 383, 538 P.2d
320.



  No reason to conclude that warrantless arrests for
"violation" are proscribed.  64 H. 130, 637 P.2d 1105.



  Defendant's warrantless arrest for a petty misdemeanor, made
twenty days after the alleged crime was committed, was unlawful; if police
believe that waiting days or weeks to arrest a defendant is the most
appropriate action under the circumstances, then the police cannot rely on this
section and must obtain a warrant pursuant to §803-1.  107 H. 1, 108 P.3d 304.



  As subsequent events can neither support nor invalidate the
existence of probable cause at the time of the search or seizure, the
invalidation of defendant's prior conviction (and probation order) on appeal
did not retroactively invalidate probable cause for an arrest based on
violation of that probation order; thus, there were no changed circumstances
that required the trial court to allow withdrawal of defendant's no contest
plea to prevent manifest injustice and thus no abuse of discretion in the
denial of defendant's motion.  109 H. 458, 128 P.3d 340.



  In light of facts known to the police at time of arrest, the
police reasonably believed that passenger seated in right rear seat of car
violated §134-6(c) (1991) either as a principal or accomplice.  9 H. App. 551,
851 P.2d 926.



  Cited:  56 H. 675, 548 P.2d 268.



  See 35 H. 232, aff'd 119 F.2d 936.



  See case notes under §803-9 re detention for examination.