Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 3811 (2026)

Certain arrests authorized.

✓ current as of May 2026

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§ 3811. Certain arrests authorized.

(a) Warrant not required.--In addition to any other powers of arrest, a police officer is authorized to arrest an individual without a warrant if the officer has probable cause to believe that the individual has violated section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock), regardless of whether the alleged violation was committed in the presence of the police officer.

(b) Territory.--The authority under subsection (a) extends to any hospital or other medical treatment facility located beyond the territorial limits of the police officer's political subdivision at which an individual to be arrested is found or was taken or removed for purposes of emergency treatment, examination or evaluation as long as there is probable cause to believe that the violation of section 1543(b)(1.1), 3802 or 3808(a)(2) occurred within the police officer's political subdivision.

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Commonwealth v. Marconi, 64 A.3d 1036 (Pa. 2013).

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Commonwealth v. Marconi, 64 A.3d 1036 (Pa. 2013). “§ 6304(c), for example, arrests for DUI authorized per 75 Pa.C.S. § 3811. Nevertheless, these provisions suggest at the very least that the General Assembly may have desired to cabin warrantless arrest authority for less serious infractions, in favor of the issuance of…”

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