More Categories

Rule 502 – Instituting Proceedings in Court Cases

May 14, 2021 | Criminal Procedure, Pennsylvania

Criminal proceedings in court cases shall be instituted by:

(1) filing a written complaint; or
(2) an arrest without a warrant:

(a) when the offense is a murder, felony, or misdemeanor committed in the presence of the police officer making the arrest; or
(b) upon probable cause when the offense is a felony or murder; or
(c) upon probable cause when the offense is a misdemeanor not committed in the presence of the police officer making the arrest, when such arrest without a warrant is specifically authorized by statute.

234 Pa. Code ยง 502

Amended by Pennsylvania Bulletin, Vol 48, No. 50. December 15, 2018, effective 12/15/2018

Committee Explanatory Reports:

Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990) ; Supplemental Report published at 21 Pa.B. 621 (February 16, 1991) .

Report explaining the August 12, 1993 Comment revisions published at 22 Pa.B. 3826 (July 25, 1992) .

Report explaining the August 9, 1994 amendments published at 22 Pa.B. 6 (January 4, 1993) ; Final Report published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994) .

Report explaining the January 16, 1996 Comment revisions published with the Court’s Order at 26 Pa.B. 437 (February 3, 1996) .

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) .

Final Report explaining the March 9, 2006 changes to the third paragraph of the Comment published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006) .

Final Report explaining the September 21, 2012 revising the second paragraph of the Comment to correct a typographical error published with the Court’s Order at 42 Pa.B. 6251 (October 6, 2012) .