Commonwealth v. Bullers

JOHNSON, Judge:

We are asked to determine whether the authority of a police officer to arrest without a warrant extends to the summary offense of underage drinking under circumstances where the violator does not exhibit disorderly conduct, a breach of the peace, drunkenness or other irregular behavior. We conclude that a warrantless arrest under such circumstances has not been authorized by our legislature. Accordingly, we must reverse.

Richard Bullers was found guilty by a jury of theft of a firearm, 18 Pa.C.S. § 3921(a), firearms not to be carried without a license, 18 Pa.C.S. § 6106(a),…