§ 8902. Arrest without warrant.
(a) General rule.--For any of the following offenses, a police officer shall, upon view, have the right
of arrest without warrant upon probable cause when there is ongoing conduct that imperils
the personal security of any person or endangers public or private property:
(1) Under Title 18 (relating to crimes and offenses) when such offense constitutes a summary
offense:
18 Pa.C.S. § 5503 (relating to disorderly conduct).
18 Pa.C.S. § 5505 (relating to public drunkenness).
18 Pa.C.S. § 5507 (relating to obstructing highways and other public passages).
18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation
of liquor or malt or brewed beverages).
(2) Violation of an ordinance of a city of the second class.
(b) Guidelines by governmental body.--The right of arrest without warrant under this section shall be permitted only after
the governmental body employing the police officer promulgates guidelines to be followed
by a police officer when making a warrantless arrest under this section.
(Nov. 17, 1995, 1st Sp.Sess., P.L.1090, No.25, eff. 60 days)
1995 Amendment. Act 25, 1st Sp.Sess., added section 8902.
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 2018–2025 · leading case:
Com. v. Goldman,T., 252 A.3d 668 (Pa. Super. Ct. 2021).
Com. v. Goldman,T., 252 A.3d 668 (Pa. Super. Ct. 2021).
“Whether the warrantless arrest for a summary offense was unlawful because prohibited [sic] under 42 Pa.C.S. § 8902, not authorized under the Pennsylvania Rules of Criminal Procedure, and because no misdemeanor occurred in the arresting officers’ presence? 6.”
Com. v. Weber, C. (Pa. Super. Ct. 2025).
· cites it 4× “” 42 Pa.C.S. § 8902(a)(1). -4- J-S09028-25 In rejecting Weber’s claim that police lacked probable cause to arrest Weber for public drunkenness, the trial court explained: [T]he totality of the facts was sufficient to justify a person of reasonable caution in believing that…”
Com. v. Goldman,T., 2021 Pa. Super. 99 (Pa. Super. Ct. 2021).
“Whether the warrantless arrest for a summary offense was unlawful because prohibited [sic] under 42 Pa.C.S. § 8902, not authorized under the Pennsylvania Rules of Criminal Procedure, and because no misdemeanor occurred in the arresting officers’ presence? 6.”
Commonwealth v. Copenhaver v. Aplt. (Pa. 2020).
“Police officers have the authority to make warrantless arrests for violations of the criminal code, see 42 Pa.C.S. § 8902, and municipal police officers are specifically empowered to enforce that same code, see 42 Pa.”
42 Pa. Cons. Stat. § 8902(a)(1): 2 cases
Com. v. Weber, C. (Pa. Super. Ct. 2025).
“” 42 Pa.C.S. § 8902(a)(1). -4- J-S09028-25 In rejecting Weber’s claim that police lacked probable cause to arrest Weber for public drunkenness, the trial court explained: [T]he totality of the facts was sufficient to justify a person of reasonable caution in believing that…”
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