Pennsylvania Consolidated Statutes
18 Pa. Cons. Stat. § 3904 (2026)
Arrest without warrant.
✓ current as of May 2026
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§ 3904. Arrest without warrant.
A law enforcement officer shall have the same right of arrest without a warrant for any grade of theft as exists or may hereafter exist in the case of the commission of a felony.
(Oct. 17, 1974, P.L.749, No.251)
1974 Amendment. Act 251 added section 3904.
Notes of Decisions
Cited in 6
cases, 1988–2017 · leading case: Commonwealth v. Clark, 735 A.2d 1248 (Pa. 1999).
Commonwealth v. Clark, 735 A.2d 1248 (Pa. 1999). “Responding to Appellant's alternative argument, Judge Eakin found that the officer could have concluded that the crime of theft was afoot, and explained that a warrantless arrest for theft is authorized by 18 Pa.C.S. § 3904. While recognizing that the charges ultimately filed…”
Commonwealth v. Bullers, 637 A.2d 1326 (Pa. 1994). “The court cited 18 Pa.C.S. § 3904 (theft), and § 2711(a) (domestic violence), as well as 75 Pa.”
Cronin v. West Whiteland Twp., 994 F. Supp. 595 (E.D. Pa. 1998). “Cons.Stat. § 3731(c) (driving under influence of alcohol or controlled substance).”
Commonwealth v. Smith, 552 A.2d 292 (Pa. 1988). “§ 3731(c) (police officer authorized to arrest without a warrant any person he or she has probable cause to believe was operating a motor vehicle under the influence); and 18 Pa.C.S. § 3904 (law enforcement officers have the same right to arrest without a warrant for any grade…”
Commonwealth v. Walker, 641 A.2d 1204 (Pa. Super. Ct. 1994). “Finally, appellant argues that 18 Pa. C.S. § 3904 does not apply. That section provides, “A law enforcement official shall have the same right of arrest without a warrant for any grade of theft as exists or may hereafter exist in the case of commission of a felony.”
Alan Greenberg v. Chester Downs & Marina LLC, 694 F. App'x 877 (3rd Cir. 2017). “In his reply brief, Greenberg also argues the Officers could not lawfully arrest him because a separate provision, 18 Pa. Cons. Stat. § 3904 , only authorizes warrantless arrests for felonies.”
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