A law enforcement officer of the United States Immigration and Customs Enforcement-Homeland Security Investigations or United States Customs and Border Protection, without a warrant, may arrest a person if:

(1) The officer is on duty;
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Terms Used In Hawaii Revised Statutes 803-16

  • Arrest: Taking physical custody of a person by lawful authority.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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 special agent in charge, United States Immigration and Customs Enforcement-Homeland Security Investigations Honolulu, or the port director of the area port of Honolulu of the United States Customs and Border Protection, as the case may be, certifies to the State that the officer has received proper training within the agency to enable that officer to make arrests as provided in this section.

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