HRS 0803-0006 ANNOTATIONS

Territorial limits of warrant, see §604-13.

See HRPP rule 9(c).

Proper manner of making arrest. 1 H. 72; 3 U.S.D.C. Haw. 239. Law does not make it imperative that the officer declare that he is an officer before he puts his hand on the supposed offender. 9 H. 522.

After legal arrest person becomes lawful prisoner. 8 H. 185.

Arrest, when complete. 62 H. 99, 612 P.2d 102; 72 H. 360, 817 P.2d 1060.

Arrest was reasonable response to situation even though offense was simple trespass. 64 H. 130, 637 P.2d 1105.

Does not require arresting officer to inform arrested person of exact offense; arrest for "investigation of a shooting incident" is sufficient. 67 H. 174, 681 P.2d 984.

"Arrest" may involve either (1) taking the alleged violator into extended physical custody or (2) issuing the individual a citation. 84 H. 295, 933 P.2d 632.

Police officers have authority to order alleged violators out of their vehicles in the case of traffic-related criminal offenses, but not in the case of traffic violations or when statutorily required to issue a citation. 84 H. 295, 933 P.2d 632.

Where police had probable cause to arrest defendant without a warrant for fourth degree theft, a petty misdemeanor under §708-833, and simple trespass, a violation under §708-815, and this section authorized them to cite, rather than arrest, defendant for those offenses if defendant did not have any outstanding arrest warrants, outstanding warrant check on defendant by police not unconstitutional. 91 H. 111 (App.), 979 P.2d 1137.