Officers shall effect arrests and manage arrested
persons in accordance with the law and the provisions of this directive.
The general authority for arrests is spelled out in
the sections of the Hawaii Revised Statutes (HRS) listed in Attachment 1.
Procedures governing the security control of
arrestees during the process of arrest and during
transport to and from departmental holding facilities are found in
Policy 7.02, SECURITY CONTROL OF ARRESTEES.
A. Holding facility searches shall be
conducted by holding facility staff. Non-Central
Receiving Division (CRD) holding facility personnel
shall not enter the cell block area without the
permission of the officer or designee in charge
of the holding facility.
B. Arresting officers are responsible for
retrieving their handcuffs. To assist in this,
officers should label (not etch or engrave)
their handcuffs for proper identification and/or
reclaim their handcuffs immediately after the
handcuffs are removed from the arrestees.
C. Pre-Incarceration Searches
1. A full-frisk search shall consist of
the following: (1) the officer conducting a
pat-down search; (2) the arrestee loosening
clothes and belt, loosening and shaking out
or removing brassiere to be searched by officer
and then returned to detainee, removing shoes,
opening mouth and wagging tongue, and removing
wig; and (3) the officer making a visual inspection
of the mouth, nose, and ears without probing.
Items such as hats and gloves shall be removed
from the detainee and placed with the detainee’s
property. A full-frisk search does not include
a strip search. No strip and cavity searches
shall be carried out unless exigent circumstances exist.
2. At least two officers or authorized
employees shall conduct a preincarceration,
full-frisk search of arrestees upon their
arrival at the CRD or any arrestee receiving area to:
a. Prevent the entry of weapons, drugs,
other potentially harmful items, and contraband
into the cell block; and
b. Inventory the arrestee’s belongings.
The physical search of an arrestee shall be
conducted by an officer or authorized employee
of the same sex as the arrestee.
3. An arrestee’s closed containers (e.g.,
wallets, pouches, purses, backpacks, canisters,
envelopes, etc.) may be opened only if the person
conducting the search first obtains the arrestee’s
consent or a search warrant, unless circumstances
merit an exception to the requirements for a
search warrant. A written consent on the Statement
of Receipt of Detainee’s Property, HPD-101 form,
should be obtained unless circumstances necessitate
accepting a verbal consent (e.g., the arrestee is unable to write).
4. All closed containers shall be given an
X-ray examination before being accepted for safekeeping in the CRD.
a. If an item that is being examined is
suspected of being an explosive device, the
following actions shall be taken immediately:
(1) The closed container and suspected
explosive device shall be left inside
the X-ray machine and the power to the machine
shall be left on.
(2) The watch commander and/or desk sergeant
shall be notified immediately of the suspected explosive device.
(3) All handheld police radios and cellular
telephones in the adult sally port shall be turned
off. The landline telephone shall be used to make
any telephonic notification.
(4) All personnel shall be evacuated out of the adult sally port area.
b. When the watch commander and/or desk
sergeant is informed of a suspected explosive
device, he or she shall ensure that the
Communications Division is notified of the
situation and CRD personnel proceed in accordance
with Procedure 9.03, INCIDENTS INVOLVING EXPLOSIVES.
5. If an X-ray examination reveals what
appears to be a firearm in a closed container,
the examining officer shall:
a. Immediately notify the desk sergeant
of the firearm and capture a digital image of the
weapon that is displayed on the X-ray monitor’s screen;
b. Open the container, remove the firearm,
clear the firearm of any rounds utilizing
the designated clearing stations in the sally
port, and close the container while using a video
camera to record the action;
c. Place the container in the arrestees’ property room for safekeeping;
d. Initiate a police incident report to document
the incident and submit thefirearm and video recording into evidence; and
e. Make an entry on the Statement of Receipt of
Detainee’s Property, HPD-101 form, noting that a firearm
was removed from the arrestee’s property and the police report number.
D. Strip Searches
1. For the protection of the prisoner, other
prisoners, and the holding facility staff, a strip
search shall be conducted only if there is reasonable
suspicion that an arrestee has concealed upon his or
her person any weapons, means of escape, or means of
harming himself/herself or others that were not
discovered through a pat-down or full-frisk search.
2. A strip search may consist of the removal
of clothing and a visual inspection of all body
surfaces, including the body area immediately
adjacent to the opening of a body cavity. Other
than a visual inspection of the mouth, nose, or
ears, the strip search shall not include a search
of a body cavity, any probe or intrusion into the
body, or the removal of blood, hair, or any other
substance. A probe or intrusion into the body
shall only be carried out pursuant to a search
warrant. Any contraband, evidence, or suspicious
items observed during the visual inspection of
the mouth, nose, or ears shall be recovered and
the appropriate police reports initiated.
3. The officer in charge of the holding
facility shall be notified before any strip search is conducted.
4. A strip search shall be made by an
officer of the same sex as the arrestee.
Another officer of the same sex should act
as a witness during the search. If two
officers of the same sex are not available,
an officer of the opposite sex may stand by
but may not be in view of the arrestee.
5. The arrestee shall be searched in a
location where privacy and safety can be assured.
At no time will the officer physically touch an
arrestee who complies during the strip search.
6. The arrestee may be required to remove
each item of clothing individually and hand it
to the searching officer. Each item of clothing
shall be checked carefully, paying particular
attention to pockets, waistband, seams, hems,
and any unusual or suspicious features.
7. A visual inspection of the arrestee may
be made, including behind the ears, in the armpits,
and between the toes.
8. All bandages should be inspected (not searched) for concealed items.
9. If, at any time during the strip search,
reasonable suspicion arises that the person has
concealed items within a body cavity, follow the
procedures for a body cavity search.
10. Upon completion of the search, the arrestee shall be permitted to dress.
11. A To/From report of each strip search shall
be prepared and forwarded to the division commander.
E. Body Cavity Searches
1. Body cavity searches shall normally be
conducted by the City and County physician. If
the city and county physician is not available,
the search may be conducted by a licensed physician.
Body cavity searches shall be conducted only under
one or more of the following conditions:
a. A valid search warrant is presented;
b. The arrestee or suspect has signed a written
consent form authorizing the search; or
c. Circumstances merit an exception to the requirements for a search warrant.
2. The search shall be carried out in an area
where the privacy of the person to be searched can
be assured. The search should be witnessed by two
officers of the same sex as the person being searched.
If only one officer of the same sex is available, the
second officer (of the opposite sex) may stand by but
may not be in view of the person being searched. The
search may not be conducted until at least one officer
of the same sex is present to observe the search and
preserve the chain of custody.
3. Any body cavity search shall be documented in
the report submitted by the investigating officer.
F. Arrestees who are held for any length of time
may be permitted to retain only clothes and items that
are worn or attached for medical reasons (e.g., hearing
aid, prosthetics, medic alert bracelet, etc.) as long
as the item does not pose a safety hazard. All other
personal items shall be removed and placed into a depository for safekeeping.
G. Whenever an arrestee is found to have in his
or her possession a Honolulu Police Department (HPD)
badge and/or commission or any other badge or
commission issued by the Chief of Police, these
items shall be confiscated by the officer in charge
of the receiving desk. Additionally, they shall be
forwarded to the Office of the Chief of Police along
with a report of the facts surrounding the case.
DETAINEE’S PROPERTY RECEIPT
A. The Statement of Receipt of Detainee’s
Property, HPD 101 form, shall be completed in
triplicate by the officer conducting the search.
It shall be countersigned by a receiving desk
officer who has witnessed the search and also signed by the detainee.
B. The original of the receipt shall be
placed with the detainee’s property, the duplicate
shall be attached to the outside of the property
bag, and the triplicate remains in the book as a
permanent record. Upon release from custody, the
duplicate copy shall be sent to the Records and Identification Division.
C. When it is later determined that some or
all of the receipted property of a detainee is
evidence of a crime, the assigned investigator
shall notify the officer in charge of the receiving
desk and obtain a warrant to search the detainee’s
property. The warrant shall be served on the detainee
before the property is searched. Those items seized
under the warrant shall be confiscated by the
investigator and submitted as evidence.
The duplicate and triplicate copies of the
property receipt shall be properly annotated to reflect such confiscation.
D. Whenever applicable, property belonging
to any detainee shall be returned to that person
who shall affix his or her signature on the
duplicate and triplicate copies of the Statement
of Receipt of Detainee’s Property, HPD-101 form.
The duplicate copy shall then be forwarded to the
Records and Identification Division for filing with the case report.
1. Property of military personnel being
turned over to Hawaii Armed Services Police
(HASP) authorities shall be signed for by a transporting HASP officer.
2. When a juvenile detainee is to be
released to the detention home, the juvenile
shall sign for the property. Parents of the
juvenile may also sign for their child’s property.
E. When filled, the property receipt book
containing the triplicate copies shall be forwarded
to the Records and Identification Division to be filed.
F. It shall be the duty of the officer in
charge of the second watch to make a daily
examination of the property receipt book to
check any unsigned triplicates against property
bags remaining in the depository. The officer
in charge shall see that any property not returned
to a person released from custody is returned to
that person at the earliest opportunity.
OVERSIZED OR EXCESS PROPERTY
A. Large, oversized, or excess property
items that cannot be placed with the personal
property of the arrestee shall be inventoried
and held at the initial holding/temporary
detention facility until the items can be
released to the arrestee or arrestee’s agent.
B. The Detainee Excess Property Form,
HPD-101A, shall be completed in triplicate.
The original shall be given to the arrestee
and completed with the following information:
1. The police report number that the property was recovered under;
2. The address and telephone number of the
holding/temporary detention facility so that the
property can be claimed; and
3. The disposition of the property, if not claimed
within thirty calendar days of the person’s arrest.
C. The duplicate Detainee Excess Property
Form, HPD-101A, shall be kept with the property
until it is returned or disposed. After the
property is returned or disposed, the disposition
shall be noted on the Detainee Excess Property Form,
HPD-101A, and submitted to the Records and Identification Division for filing.
D. Property not claimed after thirty calendar
days may be considered abandoned and disposed of
as unclaimed property. An Incident Report, HPD-192
form, shall be submitted by the division commander
or designee in charge of the property receipt book
where the property is located, referencing the
original report number and disposition of the property.
E. A copy of the Incident Report, HPD-192 form;
an itemized Evidence/Property Report, HPD-192A form;
and the triplicate copy of the completed Detainee
Excess Property Form, HPD-101A, shall be submitted
with the property to the Evidence Section of the
Records and Identification Division for storage and/or disposal.
ILL OR INJURED PERSONS
A. Any person coming into police custody who
is complaining of or with an apparent illness or
injury, or who is unconscious or loses consciousness,
or who appears (from the manner of his or her
appearance, conduct, behavior, speech, and mobility)
to be under the influence of intoxicating liquor
but does not have an alcoholic breath, and any person
with a breath alcohol concentration of .30 or higher
shall be taken to a health care facility (e.g.,
hospital, clinic, institution, emergency care
facility or center, etc.) for examination and treatment.
1. With the exception of motor vehicle collisions,
an Incident Report, HPD 192 form, shall be filled out
in all cases where an arrestee is examined, regardless
of whether the person requires medical attention.
2. The officer taking the person to the health
care facility shall make certain that the attending
physician is properly informed as to the person’s
status (e.g., arrested pending investigation,
charged pending posting of bail, pending discharge, etc.).
This information will assist the attending physician
in determining whether to authorize further medical confinement.
B. No police officer shall take into custody
from any health care facility a person who is
unconscious, semi comatose, asleep, drugged, or
intoxicated and who appears or is suspected to be
ill, poisoned, injured, or physically incapacitated
from unknown causes, until the person has fully
regained consciousness and a logical explanation
for the cause of his or her condition is obtained
either from the person or the attending physician.
GUARDING A SUSPECT, INMATE, OR PATIENT
A. The responsibility of guarding a suspect
confined to a health care facility shall be as follows:
1. The commander of the district in which the
suspect was arrested and the commander of the
district in which the suspect is medically confined
may make a mutual agreement to provide continued
staffing for the hospital guard, if needed, or for
cases in which the suspect was not in the custody
of an HPD holding facility (e.g., CRD, Kapolei Receiving Desk);
2. The holding facility staff shall be
responsible for guarding a suspect, accepted
into custody by the watch commander or
designee of the holding facility, at the
health care facility for the first 24-hour
period after the suspect’s admission to the facility;
3. The district in which the arrest was
effected shall be responsible for guarding
the suspect for the next 24-hour period.
The district in which the suspect is medically
confined shall be responsible for guarding
the suspect for the subsequent 24-hour periods
until the arrestee is released from the health care facility; and
4. The district in which the health care
facility is located shall be responsible for
supervising the officer assigned to guard the suspect at the facility.
B. Upon arrival at the health care facility,
an officer shall contact the administrator or a
designated subordinate and inform that person of
the police department’s responsibilities. After
gaining permission and information on the
procedures of the facility, the officer may proceed with the assignment.
C. Officers assigned to guard a suspect,
inmate, or patient shall maintain a Security Visitor Log,
HPD 185 form. At the completion of each watch,
the log shall be sent to the Records and
Identification Division so that it can be attached
to the original case report.
D. The officer shall pay full attention to
duty and shall confine all his or her activities
to the immediate area of the patient’s place of
confinement until properly relieved or upon completion of the assignment.
1. The officer shall not wander or enter other
areas of the health care facility.
2. After taking the necessary precautions to
ensure the detention of a suspect, inmate, or patient
and informing the supervising nurse or person in
charge of the floor, the officer may temporarily
leave the immediate area to perform a natural
function or to fulfill an official responsibility.
E. Officers are not entitled to any social
privileges other than those that may properly
be extended. Officers must exercise the utmost
care in their conduct and behavior so that they
do not interfere with, disregard, disrupt, or
abuse any operational routine, policy, rules,
or regulations of the health care facility.
F. In the event an officer is refused
entry into a health care facility or a
conflict develops that interferes with the
proper execution of a police function and
a satisfactory adjustment is not reached by
the officer, a superior officer shall be
summoned. It shall be the superior officer’s
responsibility to affect a temporary solution
to the problem if a satisfactory agreement is
not immediately possible. In such cases, a
report shall be submitted to the Office of the Chief of Police.
A. Officer in Charge of the Receiving Desk
1. For the purpose of this directive, the
officer in charge of the receiving desk shall be a ranking officer.
2. The officer in charge of the receiving
desk in each district shall be responsible for the proper handling of arrestees.
3. The officer in charge shall review the
circumstances of each arrest before any person
is booked in order to determine whether there
exist sufficient grounds or facts to justify the arrest.
a. If it is determined that there are
insufficient grounds to justify the arrest,
the arrestee shall be processed, including
being fingerprinted and photographed, and
then released immediately. The lieutenant
shall sign by the “discharged” block on the
HPD Arrest Report (i.e., computerized arrest
booking report for adults or juveniles or Juvenile Arrest Report,
HPD-191 form) and the final charge block
shall say “none.” The officer in charge
shall sign the HPD Arrest Report or Juvenile Arrest Report in three places:
(1) Received by block;
(2) Charged/discharged block; and
(3) Approved by block.
b. If the arrest is justified, the
officer in charge shall sign the HPD Arrest
Report in the three places cited above and process the arrestee as required.
c. If the computerized arrest booking system
is unavailable, the arrestee shall be processed manually.
4. The officer in charge shall maintain a
supply of booking documents (e.g., HPD arrest
reports for adults and juveniles, digital camera
for mug photographs, fingerprinting cards and ink, etc.).
5. Prior to the confinement of an arrestee in
the police detention block, it shall be the
responsibility of the officer in charge of the
receiving desk to verify whether that person
requires prescribed periodic medication while
in custody. The turnkey or the officer in
charge of the receiving desk shall be informed
of the arrestee’s medication needs, retain the
medication, and provide the necessary medication
as prescribed by a medical authority.
6. The officer in charge shall ensure that
the appropriate form (the HPD Arrest Report form
or the Juvenile Arrest Report, HPD 191 form) is
submitted for each arrest.
7. The officer in charge shall ensure that
all HPD Arrest Reports for persons charged with
misdemeanors contain sufficient facts for perusal
by the court and the prosecuting attorney.
8. No booking shall be made for an arrest by
warrant without first establishing the identity
of the detainee as the person named and accused
in the warrant. In all cases when the detainee
is awaiting service of a warrant of arrest and
denies being the person so named and whenever
there is no verified identification after all
available means of identification have been
exhausted, the detainee is to be released with
no charge. In the event no arrest was yet made
and the detainee was awaiting service, the warrant
shall not be executed. Circumstances explaining
the lack of execution of the warrant are to be attached to the warrant.
9. Before a detainee is released from police
custody, the officer in charge shall review all
of the circumstances to determine if there are
sufficient grounds or facts to justify the release.
If sufficient grounds or facts justify the release,
the officer in charge shall sign the release
approved by block of the arrest report.
B. Booking Procedure
1. The arresting officer shall review the
facts of each case with the officer in charge.
2. When an adult is arrested for either a
felony or misdemeanor offense and transfer is
warranted, the arresting officer shall complete
a Custody Transfer Log, HPD 247 form. Receiving
officers at each transfer point shall document
the receipt of the prisoner and the prisoner’s property on the HPD 247 form.
3. Receiving desk officers shall fingerprint
and arrange for an identification photograph of
all arrestees in accordance with the procedures outlined in section IX C below.
4. Adult and juvenile arrests shall be
logged in the respective, computerized booking system.
C. Fingerprinting and Photographing of Arrestees
1. All adult arrestees for whom an HPD Arrest
Report has been generated shall be fingerprinted
and photographed. For guidelines on fingerprinting
and photographing of arrested juveniles, see Policy 4.33, HANDLING JUVENILES.
2. If the arrestee is confined to a mental
health care facility, obtaining fingerprints
shall not be required. If fingerprints cannot
be obtained, the fact that they were not
obtained and the reason(s) shall be stated
in the body of the arresting officer’s field
report and on the ident/fingerprint section of the HPD Arrest Report.
3. Fingerprinting (Initial Arrest)
a. The arrestee shall be fingerprinted
through the computerized Livescan System and
recorded using the Livescan Log, HPD-42 form.
If the system is unavailable, the arrestee
shall be hard copy fingerprinted twice using
the Federal Bureau of Investigation (FBI)
card, FD-249. In addition, fingerprints shall
be obtained using the ident/fingerprint section of the HPD Arrest Report form.
b. An additional copy of the computerized
fingerprints or FBI card, FD-249, shall be
provided to any federal or other law enforcement agency upon request.
c. Each FBI card, FD-249, shall be signed
(in ink) in the appropriate space by the person
being fingerprinted and by the person taking
the fingerprints. The person taking the
fingerprints shall also record his or her
employee identification number and the date
that the prints were taken.
d. If necessary, the officer or designee in
charge at the CRD or any regional station shall
inspect each FBI card, FD-249, and sign the left
margin of the card after determining that the
prints are legible for identification purposes
and all of the required information is entered on the fingerprint card.
4. Identification Record (HPD Arrest Report)
The ident/fingerprint section of the HPD Arrest
Report shall be completed for each arrestee when
the Livescan System is unavailable.
a. The fingerprints of the arrestee shall be
placed on the front and palm prints shall be placed
on the rear of the ident/ fingerprint section.
b. The officer completing the ident/
fingerprint section and/or photographing shall
sign in the appropriate space and include the
date and time the arrestee was printed and photographed in the fingerprint log.
c. Whenever an adult is arrested, the officer
at the CRD or the desk officer of any regional
station shall ascertain via computer whether he
or she was previously arrested. In the event
that the computer is inoperable, a check shall
be made of the alpha file via the Identification
Section, Records and Identification Division.
d. If the arrestee is a John or Jane Doe,
his or her fingerprints shall be entered into
the Automated Fingerprint Identification System.
(1) If the person was previously arrested,
the same identification number shall be used.
(2) If the person has no prior arrest record,
the Identification Section shall assign an identification number.
5. All juvenile arrestees being photographed
must be recorded on the Photo Log, HPD-42 form,
and the date, time, individual’s name and
identification number, and photographing officer’s name must be included.
6. Persons With a Prior Arrest Record (Repeaters)
a. Anyone fingerprinting an arrestee must
ascertain whether there is a prior arrest record.
b. Repeaters shall be photographed and
fingerprinted in the same manner as persons arrested for the first time.
7. In the event that an arrestee cannot
be fingerprinted or photographed because of
his or her physical condition or any other
circumstances, it shall be the responsibility
of the officer in charge of the receiving desk
for the station to ensure that the identification
process is completed before the arrestee is
released from custody. This responsibility shall
not be delegated to the succeeding watch.
8. In accordance with established court rulings,
the police may use reasonable physical force to compel
an arrestee to submit to fingerprinting and photographing.
9. Juvenile arrestees shall be fingerprinted and
photographed in accordance with Policy 4.33, HANDLING JUVENILES.
D. Intoxilyzer Test and Demeanor of Arrested Felons
1. Any person arrested on a felony charge shall be
requested to submit to an intoxilyzer examination
when the arrest is for an “on view” offense or is
immediately followed by the perpetration of the
alleged offense. The Felony Intoxilyzer Test,
HPD 396G form, shall be used to record the procedures
and the result of the examination.
2. The physical condition and demeanor of the
arrestee shall be recorded on the felony intoxilyzer test form.
3. The arresting officer shall include in his
or her report a detailed description of those
aspects of the arrestee’s physical condition
and demeanor that indicate any intoxication:
eyes, breath, clothing, speech, movements, and the like.
E. Computer Checks
Any person arrested shall be checked in the
FBI’s National Crime Information Center (NCIC)
files for outstanding warrants, unserved
Temporary Restraining Orders, and DNA submission
compliance. These checks shall also be completed
under any other name or alias that the arrestee has used or been known by.
F. Misidentification of an Arrested Person
An arrested person frequently provides false
information about his or her identity (e.g.,
an alias or another person’s name) in an effort
to avoid identification and prosecution. The
following procedure has been established in
order to correct misidentifications when they are discovered:
1. When the Records and Identification
Division discovers a discrepancy in the
identification of an arrested person (through
fingerprint classification or other means of
identification), the sergeant or lieutenant
of the division’s Identification Section shall be notified immediately.
2. In all cases, the Identification Section
shall notify the assigned investigator and the
investigator’s division commander via the
Correction of an Arrested Person’s Identification, HPD-510 form.
a. For misdemeanor cases in which the suspect
was arrested and charged, the HPD-510 form
shall be forwarded to the division of the arresting officer.
b. For misdemeanor cases in which the suspect
was arrested but not charged, the
HPD-510 form shall be forwarded to the district
command responsible for the follow-up investigation.
3. The division commander shall sign the
original HPD-510 form and return it to the Records
and Identification Division. The Records and
Identification commander shall also ensure that
the Department of the Prosecuting Attorney is
notified of the correct identity of the arrested person.
4. The investigator shall make the necessary
changes in his or her closing report.
G. Rights of Arrested Persons
1. Communication with Counsel and Others
a. Section 803-9, HRS, provides that the police may not:
(1) Deny an arrestee the right to see counsel or
a family member at reasonable intervals and for a
reasonable time at the place of detention.
(2) Unreasonably refuse or fail to make a reasonable
effort to telephone or send a cable or a wireless
message, through a police officer or anyone else, to
counsel or a family member, whenever the arrestee so
requests and prepays the cost of the message.
(3) Deny to counsel or a family member the right
to see or otherwise communicate with the arrestee
at the place of detention (1) at any time for a
reasonable period for the first time after the
arrest and (2) thereafter at reasonable intervals and for a reasonable time.
(4) Interrogate the arrestee before he or she
has had a fair opportunity to see and consult with
counsel or a family member, after the arrestee has
requested to see an attorney or family member.
b. In furtherance of the above, the following shall apply.
(1) An arrestee shall be allowed to use the
telephone to call or respond to a call from
counsel, a bondsman, or family members.
Whenever an arrestee makes a call, a police
officer shall log the call on the Defendant’s
Telephone Log, HPD-123 form, and then dial the
number for the arrestee. In all cases, the
officer shall remain present during the
conversation but allow some room for privacy
when communicating with counsel.
(2) An arrestee shall be allowed to see or
communicate with counsel, a bondsman, or immediate
family members with the approval of the officer
in charge of the receiving desk. An officer
shall remain present at all times but allow
some space so that communication between an
arrestee and his or her counsel shall be confidential.
(3) An arrestee having no immediate family
shall be permitted to call or communicate with
a personal friend or other person who may act on his or her behalf.
2. Release; Charges/Judicial Determination
After any arrest, the following requirements must be observed:
a. The detention of an arrestee is
only as long as there is probable cause to believe
that the person has committed an offense. As soon
as circumstances no longer justify such a belief,
the person must be released.
b. An arrestee must be charged and judicial
hearings and determinations must take place. Any
unnecessary delay in this process makes further
detention unjustified, and the person must be released.
c. In all cases, the above must be carried
out (i.e., the arrestee must be released or there
must be a hearing/determination by the appropriate
authority) by the next available court date after bail is set.
d. In the case of an extradition, a detainee
can be held until they are individually able to be
transported to or picked up by the receiving agency.
3. Judicial Determination of Probable Cause for Arrest Without a Warrant
a. When a person has been arrested without a
warrant and is detained after the arrest process
(e.g., because he or she is unable to post bail or is considered dangerous):
(1) For Felonies:
(a) The district judge must make a
judicial determination of probable cause for the arrest; and
(b) The determination by the judge must be made
as soon as practicable and, in any case, not later than 48 hours after the arrest.
(2) For Misdemeanors:
The arresting officer must make a declaration on
the facts of the case, but the officer and the
arrestee need not appear before the judge.
b. Detailed instructions are found in element manuals of operation.
Section 804-5, HRS, provides that persons under
arrest may be admitted to bail by the Chief of
Police or any person named by him in cases where
the punishment for the offense charged may not
exceed two years imprisonment, with or without fine.
1. Bail shall be established after the
arrested person has been brought to the station
and booked. Under no circumstances shall
arresting officers collect bail at the scene
of arrest or elsewhere before or without taking
the arrestee to the nearest police station.
2. No person under arrest for or at the
request of federal authorities shall be released
in the custody of attorneys or friends except
upon written instructions or authority of a
United States Commissioner or a judge of the United States District Court.
3. Only cash or bail through a bondsman
shall be accepted as bail or bond for the release of any defendant.
4. An arrestee eligible for bail who
desires bondsman service shall be referred
to a complete list of individuals or firms
in such business from which he or she shall make a selection.
5. When a country district brings an
arrestee to the CRD to be held for court
appearance or bail and the arrestee is
able to post bail, his or her court appearance
shall be scheduled according to the schedule
maintained by the CRD or the instructions on
the warrant. It shall be the duty of the
officer or designee in charge of the receiving
desk to ensure that the bail money and
receipt are transferred to the appropriate
court or district where the arrestee is scheduled for arraignment.
6. Any person to be surrendered to the
department by a bondsman or other individual
for discharge of sureties shall be accepted
by the receiving desk and processed in
accordance with this directive and any other
applicable departmental policies (e.g., Policy
7.10, PENAL SUMMONS AND WARRANTS). However,
this directive does not authorize the acceptance
of a person under bond awaiting trial for a
violation of a federal statute that is not within our jurisdiction.
7. When a person released on bail is surrendered
by his or her surety, the officer accepting the
person shall require the surety to furnish the
police department with a notice of surrender form.
The original copy of this notice shall be attached
to the arrest packet and sent to court. A copy of
the surrender notice shall also be attached to the Incident Report, HPD-192 form.
8. Any request from the U.S. Marshals Service
for assistance in detaining a person pending a hearing or trial shall be honored.
9. When bail is paid in cash in excess of $10,000
for certain offenses, Internal Revenue Service form
8300 must be completed by the agency receiving the cash.
(This form is not required if the bail is exactly $10,000 or less.)
a. Offenses subject to this federal regulation
include the following sections of the HRS:
(1) Controlled substances: Sections 712 1240 through 712-1256;
(2) Racketeering: Sections 842-1 through 842-12; and
(3) Money laundering: Sections 708-8120 and 708-8121.
b. The CRD shall complete form 8300 for bail
paid at the Alapai headquarters. Regional Command
districts shall complete the form for bail paid there.
c. The completed form 8300 shall be batched
together with the cash and the related bail receipt
and shall be kept separate from the bail money for
other arrestees when bail is transmitted to court.
d. Upon receipt, the court will file form 8300
with the Internal Revenue Service and notify the U.S. Attorney’s Office.
B. Safe Receipt and Return of Bail Money
1. When CRD personnel are unable to deposit
bail money with the court or return it to the
defendants, they shall deposit it with the Finance Division.
a. CRD personnel shall relinquish unreturned
bail money to the Finance Division monthly. The
property receipt prepared for the agreed amounts
shall be signed and date stamped. Each packet shall contain:
(1) The bail money;
(2) The Official Cash Receipt, HPD 68 form;
(3) The HPD Arrest Report;
(4) The state bail receipt form (bail slip)
identifying the owner, amount collected, and police report number; and
(5) A copy of the bail return notification letter from the CRD.
b. The Finance Division’s Payroll Section personnel shall:
(1) Count and verify the total amount and
sign and date the property receipt; and
(2) Place the money in the City and County of Honolulu’s general account.
c. CRD personnel shall make all necessary
attempts to contact the rightful owner of the
bail money, inform him or her to bring the copy
of the bail receipt and proper identification,
and arrange a pickup time within 30 days of arrest.
After 30 days, CRD personnel shall notify the owner
to contact the Finance Division to arrange a pickup
time, Monday through Friday (excluding holidays), between 0800 and
d. Finance Division personnel shall confirm
the identity of the pickup person by checking the
bail receipt and identification presented. If
there are any questions regarding the identity
of the pickup person, the funds shall not be
released until proper identification is made.
e. The party accepting the bail money will
sign the property receipt and provide his or her
social security and telephone numbers (home and business).
f. Finance Division personnel shall file the
property receipts and copies of bail receipts for future reference.
g. The Finance Division shall escheat via the
city’s treasury any bail money not picked up after
six months and record the disposition on the property receipt.
h. Upon proper identification, Finance Division
personnel shall provide general information on the
return of the escheated bail monies. The owner must
file a claim with the city’s treasury for its return.
C. TRANSMITTAL OF BAIL MONEY
1. All bail money shall be attached to Official
Cash Receipt forms, HPD-68 form, and placed in a
pink money-and-receipts envelope.
2. All bail receipts shall be properly signed
by the persons responsible for transmittal to maintain the chain of custody.
3. Bail money is to be transmitted from
regional patrol stations and substations
directly to the CRD and from the CRD to regional
patrol stations and substations. Each transmittal
shall be recorded on an official cash receipt form.
OWN RECOGNIZANCE RELEASE PROCEDURE FOR MISDEMEANOR CASES
A. When a person is arrested for any
misdemeanor offense and is unable to post
the required bail, the person may be released
on his or her own recognizance, provided that the arrestee is:
1. A local resident with a permanent
address who will appear for court and:
a. Is gainfully employed, and/or
b. Is retired, and/or
c. Is elderly, and/or
d. Has a serious medical problem, and/or
e. Has a disability that cannot be accommodated by our detention facility; or
2. A member of the armed forces stationed in Hawaii who will appear for court.
Section 804-3, HRS, bailable offense, on bail denial,
shall also be adhered to when considering release on own recognizance.
B. The defendant shall be scheduled to appear
for arraignment according to the court schedule maintained by the CRD.
C. The name of the person authorizing the
release shall be entered in the “Release By” section of the arrest report.
D. The abbreviation “ROR” (released on own
recognizance) shall be entered in the “Release Type” section.
RELEASING AN ARRESTEE TO APPEAR
A. Whenever an arrestee is released to
appear by a judge, the abbreviation “ROR”
shall be entered on the court date with
appropriate documentation (e.g., bail receipt
arrest report and/or ROR slip).
B. If an arrestee was released to appear
on his or her own recognizance by an officer
of the HPD, the abbreviation “ROR” and the name
of the officer releasing the arrestee shall be entered on the HPD arrest report.
TELEPHONIC ORDER TO RELEASE A DETAINEE FROM POLICE CUSTODY
ON HIS OR HER OWN RECOGNIZANCE BY A CIRCUIT COURT JUDGE
The procedures below shall be strictly followed
whenever a telephonic order is received from a
circuit court judge to release a detainee from
police custody on his or her own recognizance.
A. The officer receiving the telephonic order shall:
1. Inform the circuit court judge that a
return call will be made as a confirmation procedure;
2. Contact the Criminal Investigation
Division and request a summary of the incident
with which the arrestee has been charged;
3. Contact the Identification Section of
the Records and Identification Division and
obtain the detainee’s age, address, place of
birth, length of residence in Hawaii, marital
status, occupation, criminal record, and
especially the number of citations for contempt of court; and
4. Relay all of the above information,
including the name of the circuit court judge
ordering the release, to the officer in charge of the watch.
B. The watch commander receiving the information shall:
1. Contact the circuit court judge by telephone
to reconfirm the initial telephonic order to release the defendant on “ROR,” and
2. Apprise the circuit court judge of the
information received from the Criminal Investigation
Division and the Identification Section. The
number of contempt of court citations shall be emphasized.
C. The defendant shall be released on his or
her own recognizance after the order has been confirmed by the circuit court judge.
COURT APPEARANCE FOR BENCH WARRANT CASES
A. Detainees Booked at the CRD
1. If the defendant is able to post bail, his or her
court appearance shall be scheduled according to
the schedule maintained by the CRD or the instructions on the warrant.
2. If the defendant is unable to post bail, his or
her court appearance shall be scheduled for the
next court date available after being received by the CRD.
B. Detainees Booked at Regional Stations
1. If the defendant is able to post bail, his or her
court appearance shall be scheduled for the next
available court date according to the schedule
maintained by each regional station.
2. If the defendant is unable to post bail, he or
she shall be transported to the CRD and, upon
receiving the detainee, his or her court
appearance shall be scheduled according to the
schedule maintained by the CRD.
RELEASING AN ARRESTED PERSON AT THE SCENE
A. In cases where a person is placed under
arrest and it is subsequently discovered, with absolute certainty, that
the person did not commit an offense, the person
shall be released immediately from police custody
without being subjected to the booking process.
B. Immediately following the release, the releasing
officer shall notify his or her supervisor of the
circumstances of the release.
C. In all other cases, the arresting officer
shall notify his or her supervisor and the
supervisor shall respond to the scene.
D. This information, along with the circumstances
surrounding the detention and release of the person,
shall be included in the appropriate crime report.
If the cause of release is the result of a determination
that there was actually no crime committed, the releasing
officer shall submit the same information on an Incident
Report, HPD-192 form, close the case as unfounded, and
forward a copy of the report to the arresting officer’s division commander.
GENERAL ARREST SITUATIONS AND PROCEDURES
A. Multiple Offense Arrests–Felony and Misdemeanors
Multiple arrests that stem from a single episode shall
be processed in accordance with Section 701 109, HRS,
to ensure that the arrestee receives a single court
appearance for all related offenses.
1. Multiple Offenses Involving a Felony
a. Uniformed Operations
(1) Whenever an arrest involves a possible
combination of offenses that stem from the same
episode, the suspect shall be arrested for each related offense.
(2) The officer in charge of the booking process shall:
(a) Process the defendant and ensure that
arrest reports, key reports, and investigative
reports are complete for all offenses.
(b) Inform the responsible investigative
element of the circumstances of the case and
consult with the investigative supervisor or the assigned investigator.
(i) If the arrest is for a felony offense,
leave the non felony charges open pending
completion of the felony investigation.
(ii) If there is insufficient cause to charge
on the felony offense, discharge the felony and
charge the arrestee with the other offenses and
process him or her in the prescribed manner.
(iii) Copies of all reports for all related
offenses shall be forwarded to or accompany the
arrestee to the responsible investigative element.
b. Investigative Operations
(1) When informed by a uniformed element of
a multiple offense arrest that includes a felony,
the assigned detective shall initiate an investigation into the felony offense.
(2) If a felony charge is to be placed, the
investigative supervisor shall charge on the
felony and determine whether or not to proceed with the following:
(a) To discharge on the other offenses pending
final disposition of the felony, or
(b) To charge on the other offenses.
(3) In the event that no felony charge is
placed, the assigned investigator shall consult
with the investigative supervisor or the patrol
watch commander to determine whether or not to
pursue the other offenses. The booking officer
shall then be notified of the decision.
(4) If the felony suspect is discharged pending
“further investigation” or “perusal by the prosecutor
and possible grand jury action,” the other offenses
shall also be discharged pending the same action.
(5) In the more specialized investigative
elements, when a felony charge is dismissed,
the investigator shall confer with the booking
officer or the watch commander to determine the
other charges and arrange a court date if the
arrest was made in a regional district.
(6) When a felony case is sent to the
prosecutor for perusal and possible grand
jury action, all associated offense reports shall be included.
2. Multiple Non Felony Offenses
Whenever an arrest involves a combination of
non felony offenses that stem from the same
episode, the suspect shall be arrested for
each related offense (separate arrests in lieu of traffic citations).
The arresting officer shall initiate a key
report for the most arrestable offense and suffix the additional charges.
3. Perusal of Non Felony Offenses
Upon the prosecutor’s decision to decline
prosecution of felony or misdemeanor charges,
or if a felony indictment against a defendant
is not obtained from the grand jury, the following shall apply.
a. The prosecutor will send written notice
to the element commander of the arresting officer
of the intent to proceed with the misdemeanor or traffic charges.
b. When such notice is received, the element commander shall ensure that:
(1) The arresting officer is notified;
(2) The arresting officer receives a copy of the correct police report; and
(3) The arresting officer proceeds to the
prosecutor’s office to swear out a complaint on the remaining charges.
B. Shoplifting Offenses
The Shoplifting Report, HPD 317 form, is used
by business firms to record shoplifting offenses
and may be kept for the firm’s own use should a
decision be made not to prosecute. Business firms
have been encouraged to use the form although it is not necessary.
1. If the firm decides to prosecute, the form
will be completed by the arresting person
(citizen’s arrest) and the police will be notified.
2. The assigned officer shall peruse the
report to ensure that it has been properly
completed and to ascertain whether there was
probable cause for the arrest and whether the arrest was properly made.
3. The officer accepting custody of the
arrestee shall receive and submit, when available,
the original copy of the Shoplifting Report, HPD
317 form. Officers shall submit an Incident Report,
HPD 192 form. The form shall contain (but not be
limited to) the following: information on the suspect
(i.e., holding or temporary departmental detention
facility or hospital) and apprisal with the holding
or temporary departmental detention facility supervisor.
The completed HPD-317 form shall also be attached.
4. In shoplifting cases where the monetary
value of the property makes the offense a felony
and probable cause for the arrest exists, the
assigned officer shall affect the arrest. The
appropriate investigative element shall be notified immediately.
A complete investigation shall be conducted
and an Incident Report, HPD 192 form, submitted.
The Shoplifting Report, HPD 317 form, shall be
submitted as an attachment to the incident report
to corroborate the store representative’s investigation and statement.
a. Whenever possible, the store representative
will have two identical photographs taken of the
stolen merchandise with price tags attached. The
photographs will be taken with a color camera in the presence of the officer.
(1) In felony cases, the photographs shall
include the store representative who initiated
the arrest, the police officer, and the stolen
merchandise with the price tag attached.
(2) The officer shall affix his or her
initials and the time, date, and report number (if available) to both photographs.
(3) One photograph is to be attached to the
original Shoplifting Report, HPD 317 form, and
the other photograph will be retained by the store representative.
b. If a camera is not available, the store
will retain the merchandise as evidence.
In all shoplifting cases, the store representative
will retain the stolen merchandise and the price
tags for later court presentation.
7. Validity of Arrest
a. Whenever an adult suspect is apprehended
in or on the store premises prior to leaving a
checkout counter or cash register station, the
police officer shall not accept custody of the
person but shall refer the store representative
to the prosecutor’s office for consultation.
b. Whenever there is a question as to the
validity of an adult arrest, the officer shall
not accept custody of the arrestee but shall
refer the store representative to the prosecutor’s office for consultation.
c. Whenever a juvenile suspect is apprehended
in the instances cited in section XV B 7 a and b
above, the officer shall determine whether there
is reasonable grounds for an arrest before custody
is taken. If reasonable grounds do not exist, the
juvenile shall be released from custody.
d. In all instances cited in section XV B 7 a,
b, and c above, the officer shall conduct a complete
investigation and submit an Incident Report, HPD 192 form.
8. All persons arrested and taken into police
custody for shoplifting shall be transported to the
police station for processing.
9. In circumstances involving a misdemeanor or
petty misdemeanor shoplifting offense and the officer
is trained and equipped with a portable Automated
Fingerprint Identification System (P-AFIS), a citation
may be issued in lieu of an arrest under the following conditions:
a. All provisions in section XV B above shall be followed;
b. The suspect is an adult;
c. The P-AFIS makes positive identification
that the suspect has been previously arrested;
d. The suspect is not wanted for an outstanding warrant; and
e. The completed Complaint and Summons citation
shall be issued to the suspect prior to release from custody.
C. Trespass Arrests
1. Hotel and Shopping Center Trespass Arrests
a. In the case of a citizen’s arrest for
criminal trespass by hotel security staff or a
citizen’s arrest for criminal trespass by
shopping center or store security staff, a
completed Incident Report, HPD-192 form, and
the Honolulu Police Department Statement Form,
HPD-252, shall be submitted by the investigating officer.
b. If the officer is satisfied that probable
cause for the arrest exists, the officer shall
take custody of the arrestee. The officer taking
custody of the arrestee shall ensure that forms
HPD-192 and HPD-252 have been properly completed
and all other requirements have been fulfilled
before transporting the arrestee to the station for processing.
2. Multi-Location Trespass Arrests
a. An individual may be arrested by private
security personnel for criminal trespass if he
or she violates a trespass warning for multiple
corporate locations on Oahu (e.g., a warning
issued for all the Oahu locations of a chain of
hotels, retail stores, etc.).
b. For the arrest to be valid, certain conditions must be met.
(1) The initial trespass warning must be
issued for clearly demonstrated cause; it
should be a result of a criminal violation
or other behavior deemed to be offensive, degrading, or disruptive.
(2) The original trespass warning form
(original, photocopy, or facsimile) must:
(a) Be witnessed by a management representative or a police officer;
(b) Be kept at all listed corporate locations
or a central corporate security office;
(c) Be readily available for identification purposes;
(d) List all the locations to which the
trespass warning applies and include the address of each one;
(e) Identify all locations as part of the same corporate entity; and
(f) List only locations within the City and County of Honolulu.
(3) In addition, the initial trespass warning
form should put the arrestee on notice that he or
she is being barred from all listed locations for
a specified period not to exceed one year. Photographs
(originals or copies) should be used whenever possible
to verify the identity of the arrestee.
c. If the officer is satisfied that probable
cause for the arrest exists and that the Honolulu
Police Department Statement Form, HPD-252, has been
properly completed and all other requirements have
been fulfilled, the arrestee shall be taken into
custody and transported to the station for processing.
D. Operating a Vehicle Under the Influence of an Intoxicant (OVUII) Arrest
1. Whenever a person is arrested for Sections
291E-61, 291E-61.5, or 291E-64, HRS, and there are
additional traffic offenses involved, the arresting
officer shall follow the guidelines in this section.
a. If there is a traffic infraction, the officer should:
(1) Issue a Notice of Traffic Infraction
to the arrestee and submit a copy of it with the key report; and
(2) List the traffic infractions in the PROP
SYNOPSIS section of the Incident Report, HPD-192 form.
b. If there is a traffic crime, the connecting
cases shall be recorded in the PROP SYNOPSIS section
of the Incident Report and include the following:
(1) Consecutive report numbers, obtained
as needed and listed in order;
(2) Incident code;
(3) HRS section number;
(4) Title of offense (e.g., speeding, disregarding red light, Driving
Without a License, no insurance, etc.); and
(5) Disposition (arrested and charged or as
determined by the desk supervisor).
2. If the arrestee is not charged with OVUII
or other traffic crime(s), the arresting officer
should issue citations for the other traffic
violations except in Habitual OVUII investigations.
Any additional traffic violations shall be left
pending final disposition of the felony case.
E. Military Personnel
1. Military personnel (service members)
committing felony or misdemeanor offenses within
the jurisdiction of the City and County of Honolulu
may be handled by civilian courts.
2. For misdemeanor offenses not committed
in the presence of a police officer, the police
shall fully investigate the offense and may either
arrest the offending service member or refer the
victim to the Department of the Prosecuting Attorney
to secure a warrant for the arrest of the service member.
3. Military personnel arrested for misdemeanors
shall be required to post the necessary bail. Should
an arrestee not be able to meet the bail requirements
or not be released on his or her own recognizance,
the arrestee shall be held in custody in the detention
block until the next district court arraignment session.
4. The officer in charge of the CRD shall provide
the HASP with the full personal and organizational
identification of the service member in custody and
the offense for which he or she is being held.
5. Any service member coming into police custody
shall be taken to the designated health care facility
for examination or treatment if he or she complains
of or has apparent illness or injuries or is unconscious.
6. In cases where military personnel are arrested
by HASP for offenses that necessitate follow up
investigation and possible charging by this department,
a request for the appearance of the offenders shall
be made through the HASP investigation section.
Military personnel who are suspects in criminal
offenses may be interviewed after arrangements have been
completed with the provost marshal of the service concerned.
Refer to Policy 1.08, FEDERAL JURISDICTION: AREAS AND POLICE ACTION.
7. Personnel of the U.S. Coast Guard, including
doctors of the U.S. Public Health Service who are
assigned to duty with the Coast Guard, are considered armed forces personnel.
F. Foreign Nationals
1. Upon the arrest of any foreign national,
the arrestee shall be informed of his or her right to have a consul notified.
a. If the arrestee chooses to have a consul
notified, notification shall be made without undue delay.
b. Some governments require notification when
one of their nationals is arrested. In such cases,
notification must be made regardless of the arrestee’s
wishes. (See Attachment 2.)
2. In most cases, notification of a consular
officer shall be made by the officer or designee
in charge of the receiving station. However, if
the arrest is made by District 1, 6, or 7, the
notification shall be made by the officer or designee in charge of the CRD.
3. A consular officer shall be permitted to
visit the arrestee as soon as operationally feasible,
converse with the arrestee, and arrange legal representation.
Any communication from the arrestee to a consular
officer shall be forwarded without delay.
4. Consular notifications shall be recorded in
the synopsis block of the arrestee’s arrest report.
G. Parole/Probation Violators
1. No person shall be arrested and booked for
violation of probation and/or parole, or on suspicion
thereof, unless the arrest is made on the strength of
a written order from a judge ofthe circuit court or
upon specific request from the Office of Adult Probation
or the Hawaii Paroling Authority.
2. When a parole violator is wanted for return
to Oahu Community Correctional Center, the Hawaii
Paroling Authority will submit the retake warrant
to the Sheriff Division, Department of Public Safety,
for service. Any retake warrant received from the
Sheriff Division will be handled in the same way as other criminal warrants.
H. Hearing-Impaired Persons
Procedures for dealing with deaf/hard of hearing
persons are outlined in Policy 4.07, DEAF AWARENESS PROGRAM.
REBOOKING AT OAHU CORRECTIONAL FACILITIES
A. Rebooking (i.e., the booking of an already
incarcerated law violator on additional charges)
may be conducted at the correctional facilities listed on Attachment 3.
B. Prior notification of each rebooking
should be given to the affected facility via the
telephone numbers listed on the attachment. The
notification should include complete identification
information on the law violator to ensure his or her
availability for rebooking.
1. Whenever possible, notification shall be made
at least 24 hours in advance.
2. When an emergency prevents 24-hour advanced
notice of the rebooking, as much advanced notice as
possible shall be provided.
C. Gun lockers for officers’ weapons will
generally be provided at each facility. However,
when a facility has no gun locker available,
officers shall secure their weapons within their
vehicles prior to entering the facility.
D. Booking areas will be provided at each
facility. Fingerprint equipment and cards are
located at each facility. All other supplies
(i.e., camera, film, booking forms, etc.) shall
be brought by the responsible booking officer.
E. An offender may be transported from the
correctional facility for rebooking elsewhere
under special circumstances, e.g., if the offender
is to be removed from the facility to pursue another investigation.