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Pa. R.Crim.P. 440

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Rule 440 Arrest Without Warrant

Chapter 4: Procedures in Summary Cases

← Previous Rule 431: Procedure When Defendant Arrested With Warrant Next → Rule 441: Procedure Following Arrest Without Warrant

Rule Text

When an arrest without a warrant in a summary case is authorized by law, a police officer who exhibits some sign of authority may institute proceedings by such an arrest.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If a police officer sees you commit a minor offense (called a summary offense), they can arrest you on the spot without needing to get a warrant first. This is allowed as long as the law permits an arrest for that type of offense.

The officer does need to show some sign that they are acting as a police officer. This could mean wearing a uniform, showing a badge, or otherwise identifying themselves as law enforcement. They cannot just grab someone off the street without making clear they have authority to make the arrest.

Committee Notes

Only a police officer, as defined in Rule 103, may institute a summary criminal proceeding by arrest. It is intended that these proceedings will be instituted by arrest only in exceptional circumstances such as those involving violence, or the imminent threat of violence, or those involving a danger that the defendant will flee.

The Vehicle Code provides the procedures for arresting a defendant without a warrant for a summary offense under that Code.

It is preferable that the officer making a stop for a traffic violation be in uniform.

Previous Rule 70 adopted April 8, 1982, effective July 1, 1982; rescinded July 12, 1985, effective January 1, 1986 and replaced by present Rule 109. Present Rule 70 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; renumbered Rule 440 and Comment revised March 1, 2000, effective April 1, 2001.

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

← Previous Rule 431: Procedure When Defendant Arrested With Warrant Next → Rule 441: Procedure Following Arrest Without Warrant

Cross-References

Referenced By (1)

Pa.R.Crim.P. Rule 1031

Bluebook Citation

Pa. R.Crim.P. 440

This Rule Set

View All Pa.R.Crim.P. Rules

Last updated: October 2026

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