Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9128 (2026)

Issue by Governor of warrant of arrest.

✓ current as of May 2026

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§ 9128. Issue by Governor of warrant of arrest.

If the Governor decides that the demand should be complied with he shall sign a warrant of arrest which shall be sealed with the State seal and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.

Cross References. Section 9128 is referred to in section 9146 of this title.

Notes of Decisions

Cited in 3 cases, 1981–1993 · leading case: Cuyler v. Adams, 449 U.S. 433 (1981).

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Cuyler v. Adams, 449 U.S. 433 (1981). · cites it 2× “[14] Section 7 of the Uniform Criminal Extradition Act, codified in Pennsylvania at 42 Pa. Cons. Stat. § 9128 (Supp. 1980), provides: "If the Governor decides that the demand should be complied with he shall sign a warrant of arrest which shall be sealed with the State seal and…”

Morrison v. Stepanski, 839 F. Supp. 1130 (M.D. Penn. 1993). · cites it 2× “42 Pa.Cons.Stat. §§ 9128 and 9129. At some point during this process, the fugitive has the right to appear before a judge who will explain to him that a demand has been made by another state, inform him of the charges against him in that state, advise him of his right to counsel…”

Commonwealth v. Hebert, 530 A.2d 422 (Pa. Super. Ct. 1987). “Without citation to case law, appellant argues that “by implication or extrapolation”, 42 Pa.C.S. § 9128 requires that some proof of the Governor’s personal signing of the warrant is necessary.”

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