The Hawaii Revised Statutes define a warrant as an order issued by the sitting magistrate or judge of any tribunal in the state judicial hierarchy that calls for the detention of an accused. It is further explained that an active warrant issued in criminal cases can only be signed upon by the judge presiding over the pre-warrant hearing once he has been convinced that there is probable cause to suspect the hand of the accused in a criminal occurrence.
The proof required for the establishment of the grounds on which the detention directive can be issued is furnished by the office of the sheriff. However, this is only needed in cases of a criminal nature. In other words, when a litigant or defendant stands in contempt of court for not obeying an order from the tribunal, bench warrants against the defendants can be issued without the need for a probable cause affidavit.
When a warrant is found in the name of an individual he can be arrested on the spot. Because outstanding warrants never go out of effect and they remain valid even outside the county in which they have been issued, it is not abnormal for an absconder with a warrant to his name to be arrested in any other part of the country. The name of these criminals is included in the county and state most wanted list for everybody to see.
Yet, it would be a grave folly to assume that in order to effect the arrest of an accused, peace officers always have to resort to procuring a detention order from the court. Here are a few other scenarios in which a suspect can be taken into custody without an arrest warrant
By verbal order: When the magistrate has information on a crime that has been commissioned or that peace has been breached by a person, the judge can verbally order his detention.
By virtue of probable cause: When police have reason to believe, based on probable cause, that an individual has perpetrated a criminal act or will do so in the future, he can be picked up without the use of a warrant. Yet, when it comes to searching and seizing property, the police need search warrants.
When a police officer is witness to the crime: If a criminal transgression has been committed in view of a police officer, the person who was involved in this act can be arrested without a warrant.
Whether it is a bench warrant or an outstanding warrant that exists against a person, the procedure for arrest does not differ. For instance, the peace officer who is detaining the person in question is obligated to identify himself as a law enforcement agent. The arrestee has to be told why he is being apprehended.
So, if a HI outstanding warrant has been issued for his arrest this should be made clear even if the police officer does not have a copy of the warrant on him. The accused can be handcuffed if he is resisting arrest.Also, in case an active warrant has been issued for the detention of this individual, county lines can be crossed and the assistance of civilians and other sheriff’s departments can be summoned to nab the offender.
Because Hawaii is an open record state, it does not take a lot to procure information on arrest warrants and detention records from the police or even judicial agencies like the office of the magistrate of the clerk of court’s department.
Information on warrant issues is recorded in the court dockets this includes details on civil cases. So, if you are looking for data on all legal matters that were initiated against the subject, checking through the court records will certainly help. For this, you can visit the local justice center of your county.
On the other hand, for an inquiry into the arrest warrants issued in the entire state, you can approach the Hawaii Criminal Justice Data Center which acts as a central repository for all crime history information. There are two ways to get information on crime records in the state.
You can fill in the request form available at http://hawaii.gov/ag/hcjdc/main/application_forms/i-chrc.pdfand mail it to the Hawaii Criminal Justice Data Center, Kekuanao’a Building, 465 S. King Street, Rm. 101, Honolulu, HI 96813.You can find more information on the process through the website of the agency at http://hawaii.gov/ag/hcjdc/. Both fingerprint and name based searches are allowed at this time. The charges for each inquiry are $20.
You can also get information on cases that ended in a conviction through the ecrim website at https://ecrim.ehawaii.gov/ahewa/. Alternatively, you could simply walk into one of the public sites listed on http://ag.hawaii.gov/hcjdc/public-access-sites/. The fee for every name based search initiated through these services is $15.