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When Police Come to the Door

HRS 803-11 — a demand for entry out loud, and the reason stated, before any door is broken

Where it is necessary to enter a house to arrest someone and entrance is refused, the person making the arrest may break doors or other barriers. Before breaking any door, they first demand entrance in a loud voice and state that they hold a warrant of arrest, or, where the arrest is lawful without a warrant, state that substantially and audibly.

  • HRS 803-11
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Who handles this in Hawaii: Domestic Violence Action Center and Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.

After a search of a house without a warrant, the officer posts a notice with the report number, date, time, reason for entering and an officer's contact number, and secures the entrances used.

  • HRS 803-39

The Fourth Amendment draws its firmest line at the entrance to a home, and the Supreme Court of the United States has held where it falls in situations police meet at a door. Absent consent or exigent circumstances, officers may not enter a home without a warrant to make a routine felony arrest. Where one occupant consents to a search of a shared home and another who is physically present expressly refuses, the search is unreasonable as to the one who refused. And officers may enter without a warrant when they have an objectively reasonable basis for believing someone inside is seriously injured or imminently threatened with such injury. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Payton v. New York
  • Georgia v. Randolph
  • Brigham City v. Stuart
Sources for this section (5)
  1. HRS 803-11 — Entering house to arrest
  2. HRS 803-39 — Notice of warrantless search
  3. Payton v. New York, 445 U.S. 573 (1980) — Warrantless entry into a home to make a routine arrest is barred
  4. Georgia v. Randolph, 547 U.S. 103 (2006) — A present occupant's refusal defeats another occupant's consent
  5. Brigham City v. Stuart, 547 U.S. 398 (2006) — Police may enter to render emergency aid

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.