reglab/housing_qa huggingface dataset:
HI Rev Stat § 802E-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802E. Court Advisement of Aliens Entering Guilty Plea|802E-4 Court advisement concerning alien status required at the commencement of arraignment and plea hearing.

  §802E-4 Court advisement concerning alien status required at the commencement of arraignment and plea hearing. At the commencement of the court session for arraignment and plea hearings for an offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement on the record to all defendants present: If you are not a citizen of the United States, whether or not you have lawful immigration status, your case may have severe and irreversible consequences, including immediate detention, deportation, or exclusion from admission or denial of naturalization to the United States. Your attorney must advise you regarding the possible consequences this case may have on your immigration status. You are not required to disclose your immigration or citizenship status to the court. [L 2013, c 279, §1]
HI Rev Stat § 803-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-1 Arrest; by warrant.

  §803-1 Arrest; by warrant. No arrest of any person shall be made without first obtaining a warrant or other process therefor from some magistrate, except in the cases provided in this chapter or otherwise provided by law. [PC 1869, c 49, §1; RL 1925, §3967; RL 1935, §5400; RL 1945, §10701; RL 1955, §255-1; HRS §708-1; ren L 1972, c 9, pt of §1; am L 2006, c 28, § §1, 3] Cross References  See Const. art. I, §7. Rules of Court  Application for arrest warrant, see HRPP rule 3.  Obtaining the appearance of defendant, see HRPP rule 9. Case Notes  When warrant not necessary. 7 H. 454 (1888).  Authority to issue warrant of arrest on charge of fraud implies power to discharge when fraud is disproved. 8 H. 187 (1890).  Defined. 23 H. 250 (1916).  (Cited as §708-33.) Affidavit for arrest warrant submitted with affidavit for search warrant can be considered to determine probable cause for search warrant. 56 H. 366, 537 P.2d 8 (1975).  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 §803-5 and must obtain a warrant pursuant to this section. 107 H. 1, 108 P.3d 304 (2005).  Cited: 37 H. 189, 199 (1945), aff'd 163 F.2d 490 (1947); 42 H. 367, 391 (1958).
HI Rev Stat § 803-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-2 By oral order.

  §803-2 By oral order. Where a breach of the peace or other offense has been committed, and the offender endeavors to escape, the offender may be arrested by virtue of an oral order of any magistrate, or without the order, if no magistrate is present. [PC 1869, c 49, §2; RL 1925, §3968; RL 1935, §5401; RL 1945, §10702; RL 1955, §255-2; HRS §708-2; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 803-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-3 By person present.

  §803-3 By person present. Anyone in the act of committing a crime, may be arrested by any person present, without a warrant. [PC 1869, c 49, §3; RL 1925, §3969; RL 1935, §5402; RL 1945, §10703; RL 1955, §255-3; HRS §708-3; ren L 1972, c 9, pt of §1] Attorney General Opinions  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. Att. Gen. Op. 76-4. Case Notes  Arrest without warrant, legal. 14 H. 586 (1903).  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 (1975).  This authority extends to misdemeanors. 56 H. 675, 548 P.2d 268 (1976).
HI Rev Stat § 803-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-4 On suspicion.

  §803-4 On suspicion. Whenever a crime is committed, and the offenders are unknown, and any person is found near the place where the crime was committed, either endeavoring to conceal oneself, or endeavoring to escape, or under such other circumstances as to justify a reasonable suspicion of the person being the offender, the person may be arrested without warrant. [PC 1869, c 49, §4; RL 1925, §3970; RL 1935, §5403; RL 1945, §10704; RL 1955, §255-4; HRS §708-4; ren L 1972, c 9, pt of §1; gen ch 1985] Cross References  See Const. art. I, §7. Case Notes  Held legal. 22 H. 597 (1915).
HI Rev Stat § 803-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-5 By police officer without warrant.

  §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.  Detention for examination, see §803-9. Rules of Court  Proceedings following arrest, see HRPP rule 5. Case Notes  Search without warrant. 278 F.2d 386 (1960).  Held legal. 9 H. 522 (1894); 14 H. 586 (1903); 22 H. 597, 602 (1915); 37 H. 189 (1945), aff'd 163 F.2d 490 (1947); 48 H. 204, 397 P.2d 558 (1964).  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 (1975).  No reason to conclude that warrantless arrests for "violation" are proscribed. 64 H. 130, 637 P.2d 1105 (1981).  Probable cause existed for arrest. 67 H. 174, 681 P.2d 984 (1984).  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 (2005).  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 (2006).  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 (1993).  Cited: 56 H. 675, 548 P.2d 268 (1976).  See 35 H. 232, aff'd 119 F.2d 936 (1941).
HI Rev Stat § 803-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-7 Use of force.

  §803-7 Use of force. In all cases where the person arrested refuses to submit or attempts to escape, such degree of force may be used as is necessary to compel the person to submission. [PC 1869, c 49, §7; RL 1925, §3973; RL 1935, §5406; RL 1945, §10707; RL 1955, §255-7; HRS §708-7; ren L 1972, c 9, pt of §1; gen ch 1985] Cross References  Justifiable use of force, see §703-307. Case Notes  Breaking gate, when proper. 1 H. 72 (1852).  Officer not liable for injuries inflicted in use of reasonably necessary force to preserve peace and maintain order or to overcome resistance to the officer's authority. 24 H. 477, 482 (1918); 30 H. 487 (1928). See 9 H. 522 (1894).
HI Rev Stat § 803-8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-8 Weapons on person arrested.

  §803-8 Weapons on person arrested. He who makes an arrest may take from the party arrested all offensive weapons which he may have about his person, and shall deliver them to the magistrate, to be disposed of according to law. [PC 1869, c 49, §8; RL 1925, §3974; RL 1935, §5407; RL 1945, §10708; RL 1955, §255-8; HRS §708-8; ren L 1972, c 9, pt of §1] Cross References  See Const. art. I, §7. Case Notes  See 9 H. 522 (1894).
HI Rev Stat § 803-10 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-10 Penalty.

  §803-10 Penalty. Any person violating or failing to comply with section 803-9 shall be fined not more than $500 or imprisoned not more than one year, or both. [L 1927, c 261, §2; RL 1935, §5409; RL 1945, §10710; RL 1955, §255-10; HRS §708-10; ren L 1972, c 9, pt of §1] Case Notes  See 43 H. 347 (1959).
HI Rev Stat § 803-11 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-11 Entering house to arrest.

  §803-11 Entering house to arrest. Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, the officer or person shall first demand entrance in a loud voice, and state that the officer or person is the bearer of a warrant of arrest; or if it is in a case in which arrest is lawful without warrant, the officer or person shall substantially state that information in an audible voice. [PC 1869, c 49, §10; RL 1925, §3976; RL 1935, §5410; RL 1945, §10711; RL 1955, §255-11; HRS §708-11; ren L 1972, c 9, pt of §1; gen ch 1985] Cross References  See Const. art. I, §7. Case Notes  Breaking gate, when proper. 1 H. 72 (1852).  Section not implicated where entry is gained through an open door without use of force. 83 H. 13, 924 P.2d 181 (1996).  Where a ruse is accompanied by the use of force to gain entry during the execution of either a search or arrest warrant, police officers are required to comply with the knock and announce rule. 98 H. 18, 41 P.3d 174 (2002).  Because it violates the plain language of this section, the doctrine of substantial compliance, that "substantial compliance" with this section is legally sufficient in the absence of exigent circumstances, is expressly rejected. 108 H. 436, 121 P.3d 901 (2005).  Where the police opened a closed screen door and broke the threshold of defendant's dwelling prior to announcing that they bore an arrest warrant and failed to wait a reasonable time after demanding entry, this section was violated; thus, subsequent search of defendant's home and seizure of evidence therefrom were inadmissible. 108 H. 436, 121 P.3d 901 (2005).  Where officers failed to state they were bearers of an arrest warrant before "breaking" the screen door and failed to wait a "reasonable time" after demanding entrance before "breaking" the door and crossing the threshold, the officers did not satisfy the "knock and announce" rule nor did they comply with the requirements of this section and the trial court's conclusions of law to the contrary were erroneous. 108 H. 446 (App.), 121 P.3d 911 (2005).  Cited: 22 H. 597, 602 (1915), questioned 26 H. 363 (1922).
HI Rev Stat § 803-16 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-16 Officer of United States Customs and Border Protection Service or Citizenship and Immigration Services; arrest powers.

 §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]
HI Rev Stat § 803-17 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-17 United States marshal or deputy United States marshal; arrest powers.

  §803-17 United States marshal or deputy United States marshal; arrest powers. A United States marshal or deputy United States marshal, without a warrant, may arrest a person if:  (1) The marshal or deputy marshal 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 marshal or deputy marshal or against any other person in the presence of the marshal or deputy marshal;  (B) The marshal or deputy marshal has probable cause to believe that a crime as provided in subparagraph (A) has been committed and has probable cause to believe that the person to be arrested has committed the crime; or  (C) The marshal or deputy marshal has received information by written, telegraphic, telephonic, radio, or other authoritative source that a law enforcement officer holds a warrant for the person's arrest; and  (3) The head of the Hawaii district office for the United States [Marshals] Service certifies to the State that the marshal or deputy marshal has received proper training within the agency to enable that officer to enforce or administer this section. [L 2008, c 95, §1]
HI Rev Stat § 803-21 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-21 Fugitive criminal; surrender by master of vessel.

  §803-21 Fugitive criminal; surrender by master of vessel. If any person commits any offense on shore, and the offender escapes on board any vessel, the commanding officer of the vessel shall surrender the offender to any officer of the police who may demand his surrender, either with or without a warrant, on production of his commission or appointment; and if the commanding officer refuses to surrender the offender, he shall be fined not less than $50, nor more than $1,000. [PC 1869, c 66, §10; RL 1925, §854; RL 1935, §1754; RL 1945, §10712; RL 1955, §255-12; HRS §708-21; ren L 1972, c 9, pt of §1]
HI Rev Stat § 803-22 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-22 Secreting prisoners on board; penalty.

  §803-22 Secreting prisoners on board; penalty. If the commanding officer of any vessel secretes, or allows to be secreted, on board the vessel, any prisoner amenable to, or convicted under the laws of the State, or conveys the prisoner out of the jurisdiction of the State, the commanding officer shall be fined not less than $50, nor more than $1,000; and the vessel in which the prisoner is conveyed is liable to a like fine, for the payment of which the vessel may be seized, condemned, and sold. [PC 1869, c 66, §11; RL 1925, §855; RL 1935, §1755; RL 1945, §10713; RL 1955, §255-13; HRS §708-22; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 803-23 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-23 Searching vessels without warrant; penalty.

  §803-23 Searching vessels without warrant; penalty. It shall be lawful for the sheriff or a police officer, to search any vessel for deserters, criminals, or other offenders, without a warrant, on producing to the commanding officer of the vessel the sheriff's or police officer's commission or appointment as sheriff or police officer; and the commanding officer of a vessel who refuses any sheriff or police officer, access to the vessel or any part thereof shall be fined not less than $10 nor more than $1,000. [PC 1869, c 66, §12; RL 1925, §856; RL 1935, §1756; RL 1945, §10714; RL 1955, §255-14; am L 1963, c 85, §3; HRS §708-23; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11] Case Notes  Custom officers not permitted to search without warrant in warehouse. 5 H. 565 (1886).
HI Rev Stat § 803-24 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-24 War vessels excepted.

  §803-24 War vessels excepted. Nothing contained within sections 803-21 to 803-23, shall be so construed as to apply to ships of war, or other vessels commanded by officers bearing the commissions of foreign states, and not subject to search by the law and usage of nations. [PC 1869, c 66, §13; RL 1925, §857; RL 1935, §1757; RL 1945, §10715; RL 1955, §255-15; HRS §708-24; ren L 1972, c 9, pt of §1]
HI Rev Stat § 803-31 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-31 Search warrant; defined.

Cross References See Const. art. I, §7. Rules of Court Search and seizure, see HRPP rule 41.  §803-31 Search warrant; defined. A search warrant is an order in writing or issued otherwise pursuant to section 803-33.5 made by a judge or other magistrate, directed to an officer of justice, commanding the officer to search for certain articles supposed to be in the possession of, or anticipated to be in the possession of, one who is charged with having obtained them illegally, or who keeps them illegally, or with the intent of using them as the means of committing a certain offense. A search warrant may identify an individual or entity authorized pursuant to section 803-37 to provide technical assistance to the officer. [PC 1869, c 48, §2; RL 1925, §3959; RL 1935, §5411; RL 1945, §10716; RL 1955, §255-16; HRS §708-31; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1998, c 65, §2; am L 2017, c 196, §1; am L 2019, c 117, §2] Case Notes  Void warrant. 4 H. 584 (1883).  This is a definition and warrant may issue to obtain article from one not accused. 6 H. 684 (1888).  Liquor. 28 H. 173 (1925).  Requirements of probable cause based upon hearsay construed. 60 H. 205, 588 P.2d 909 (1978).  Section (pre-1998) does not permit the issuance of an anticipatory search warrant. 87 H. 80, 951 P.2d 1243 (1998).  Where 1998 amendment to section did not express a legislative intent that it be applied retroactively, amendment does not apply retroactively. 88 H. 433, 967 P.2d 265 (1998).
HI Rev Stat § 803-32 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-32 Purposes.

  §803-32 Purposes. The power of granting this writ is one in the exercise of which much is necessarily left to the discretion of the magistrate, but, except in cases where this power is elsewhere specially granted by statute, search warrants can be granted only for the following purposes:  (1) To seize any article or thing the possession of which is prohibited by law;  (2) To discover property taken by theft or under false pretenses, or found and fraudulently appropriated;  (3) To seize forged instruments in writing, or counterfeit coin intended to be passed, or the instruments or materials prepared for making them;  (4) To seize arms or munitions prepared for the purpose of insurrection or riot;  (5) To discover articles necessary to be produced as evidence or otherwise on the trial of any one accused of a criminal offense. [PC 1869, c 48, §3; am L 1876, c 52, §1; RL 1925, §3960; am L Sp 1933, c 16, §1; RL 1935, §5412; RL 1945, §10717; RL 1955, §255-17; HRS §708-32; ren L 1972, c 9, pt of §1]
HI Rev Stat § 803-33 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-33 Affidavit.

  §803-33 Affidavit. A search warrant can be granted in no case but on an affidavit setting forth sufficient facts in the opinion of the magistrate to justify the issuing of the warrant. [PC 1869, c 48, §4; RL 1925, §3961; RL 1935, §5413; RL 1945, §10718; RL 1955, §255-18; HRS §708-33; ren L 1972, c 9, pt of §1] Case Notes  Necessity of. 3 H. 393 (1872); 4 H. 584 (1883).  Nighttime search requires higher standard than probable cause. 56 H. 366, 537 P.2d 8 (1975).  Probable cause shown by affidavit can rest on hearsay, but some underlying circumstances should be set forth. 60 H. 205, 588 P.2d 909 (1978).
HI Rev Stat § 803-34 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-34 Contents.

  §803-34 Contents. The warrant shall be in writing, signed by the judge or magistrate, with the judge's or magistrate's official designation, or issued pursuant to section 803-33.5, and shall be directed to a sheriff or other officer of justice, and commanding the sheriff or other officer to search for and bring before the judge or magistrate the property or articles specified in the affidavit, to be disposed of according to justice, and also to bring before the judge or magistrate for examination the person in whose possession the property or articles may be found. The warrant shall identify any individual or entity authorized pursuant to section 803-37 to provide technical assistance to the sheriff or officer. [PC 1869, c 48, §5; RL 1925, §3962; RL 1935, §5414; RL 1945, §10719; RL 1955, §255-19; HRS §708-34; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2017, c 196, §2; am L 2019, c 117, §3] Case Notes  Absolute certainty, that objects sought are where the affidavit alleges, is not required. 56 H. 366, 537 P.2d 8 (1975).  See 3 H. 393 (1872).