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Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 803-6

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case. If the person has a warrant the person should show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person should give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge. This done, the arrest is complete.

(b) In any case in which it is lawful for a police officer to arrest a person without a warrant for a misdemeanor, petty misdemeanor, or violation, the police officer may, but need not, issue a citation in lieu of the requirements of subsection (a), if the police officer finds and is reasonably satisfied that:

(1) The person will appear in court at the time designated;

(2) The person has no outstanding arrest warrants that would justify the person's detention or give indication that the person might fail to appear in court; and

(3) The offense is of such nature that there will be no further police contact on or about the date in question or in the immediate future.

(c) The citation shall contain:

(1) The name of the offender;

(2) The current address of the offender, if available;

(3) The last four digits of the offender's social security number, if available;

(4) A description of the offender;

(5) The nature of the offense;

(6) The time and date of the offense;

(7) A notice of time and date for court appearance;

(8) The signature and badge number of the officer;

(9) The signature of the offender agreeing to court appearance, unless the offender refuses, or is unable to sign;

(10) Any remarks; and

(11) A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both;

provided that omission of any of the information listed in paragraphs (1) to (11) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant.

(d) Where a citation has been issued in lieu of the requirements of subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

(1) Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

(2) By declaration in accordance with the rules of court.

(e) If a person fails to appear in answer to the citation; or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued. A knowing failure to appear in answer to the citation may be punished by a fine of not more than $1,000 or imprisonment of not more than thirty days or both.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 803-6 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-803-6/

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