Pennsylvania Consolidated Statutes

44 Pa. Cons. Stat. § 7158 (2026)

Arrest in boroughs.

✓ current as of May 2026

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§ 7158. Arrest in boroughs.

In addition to any other powers granted under law, a constable of a borough shall, without warrant and upon view, arrest and commit for hearing any person who:

(1) Is guilty of a breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness.

(2) May be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens.

(3) Violates any ordinance of the borough for which a fine or penalty is imposed.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2017–2025 · leading case: Com. v. Wiggs, S., 2025 Pa. Super. 29 (Pa. Super. Ct. 2025).

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Com. v. Wiggs, S., 2025 Pa. Super. 29 (Pa. Super. Ct. 2025). “44 Pa.C.S. § 7158. Additionally, this Court has observed that “constables possessed the power at common law to make warrantless arrests for felonies and breaches of the peace.”

Com. v. Garner, J. (Pa. Super. Ct. 2017). “Title 44 of the Pennsylvania Consolidated Statutes provides that a constable of a borough may, without warrant and upon view, arrest and commit for a hearing any person who is guilty of a breach of the peace, engaged in the commission of an unlawful act that may imperil the…”

Com. v. Murphy, J. (Pa. Super. Ct. 2021). “§ 7155 (allowing constables to arrest trespassers on any forest or timber land under limited circumstances); 44 Pa.C.S. § 7158 (allowing constables to arrest individuals in limited circumstances such as breach of peace or endangering property).”

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