[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 10-29-1996 by Ord. No. 96-09 (Ch. 6, Part 6, of the
1992 Code). Amendments noted where applicable.]
In addition to any other statutorily permitted warrantless arrest,
officers of the Middletown Township Police Department shall, upon
view, have the right to arrest without warrant upon probable cause
when there is ongoing conduct that imperils the personal security
of any person or endangers public or private property, for the following
offenses:
B.
When a defendant has been arrested without a warrant, the arresting
officer may, when the officer deems it appropriate, promptly release
the defendant from custody when the following conditions have been
met:
(1)
The defendant is a resident of the commonwealth.
(2)
The defendant poses no threat of immediate physical harm to
any other person or to himself or herself.
(3)
The arresting officer has reasonable grounds to believe that
the defendant will appear as required.
(4)
The defendant does not demand to be taken before an issuing
authority. A citation shall be issued to the defendant at the time
of release, and thereafter the case shall proceed in accordance with
Rules 55 to 59 as if the proceedings had been instituted by issuing
a citation to the defendant.
C.
When the defendant has not been released from custody under
§ 481-102B, the defendant shall be taken without unnecessary
delay before the issuing authority, where a citation shall be filed
against the defendant. The defendant shall be given an immediate trial
unless:
(1)
The commonwealth is not ready to proceed or the defendant requests
a postponement, and in either event, the defendant shall be given
the opportunity to deposit collateral for appearance on the new date
and hour fixed for trial.
(2)
The defendant's criminal record must be ascertained before
trial as specifically required by statute for purposes of grading
the offense charged, in which event the defendant shall be given the
opportunity to deposit collateral for appearance on the new date and
hour fixed for trial, which shall be after the issuing authority's
receipt of the required information.
In the case of juvenile defendants:
A.
Timely attempt shall be made to contact a parent, guardian or
other responsible adult who shall have an interest in such juvenile.
B.
The juvenile shall be promptly released to a parent, guardian
or other responsible adult after completion of processing and the
issuance of a citation.
C.
If after a period of six hours a parent, guardian or other responsible
adult cannot be contacted, or such shall refuse to accept custody,
the officer shall contact the Bucks County Department of Children
and Youth or the Juvenile Probation Department to arrange shelter
for such juvenile.
