The following guidelines are adopted by the Borough of Rosslyn Farms
to permit its police officers to arrest, without a warrant, for specific summary
offenses.
Pursuant to 42 Pa.C.S.A. § 8902, effective January 17, 1996,
a police officer shall, upon view, have the right to arrest an individual
without a warrant, upon probable cause, when there is ongoing conduct that
imperils the personal security of any person or endangers public or private
property.
If a police officer of the Borough of Rosslyn Farms has probable cause
to believe that there is a violation of one of the four offenses listed below,
that the defendant's conduct is ongoing, that the conduct constituting the
crime is based upon the police officer's view of the conduct, and if the conduct
imperils the personal security of any person or endangers public or private
property, the officer shall have the right to arrest a defendant without a
warrant.
These guidelines shall apply only to the following summary offenses
set forth in 18 Pa.C.S.A., to-wit:
A.
Any officer making an arrest under these guidelines shall
follow those procedures set forth in the Pennsylvania Rules of Criminal Procedure
and in particular Rule 71, said Rule currently providing as follows:
(2)
When a defendant has been arrested without a warrant,
the arresting officer may, when the officer deems appropriate, promptly release
the defendant from custody when the following conditions have been met:
(a)
The defendant is a resident of the Commonwealth;
(b)
The defendant poses no threat of immediate physical harm
to any other person or to himself or herself;
(c)
The arresting officer has reasonable grounds to believe
that the defendant will appear as required; and
(d)
The defendant does not demand to be taken before an issuing
authority.
B.
A citation shall be issued to the defendant at the time
of release, and thereafter, the case shall proceed in accordance with Pennsylvania
Rules of Criminal Procedure 55-59 as if the proceedings had been instituted
by issuing a citation to the defendant.
(1)
When the defendant has not been released from custody under Subsection A(2), 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:
(a)
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; or
(b)
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.
The Borough recognizes that Pennsylvania Rule of Criminal Procedure
71 and 42 Pa.C.S.A. § 8902 may be amended from time to time. It
is the intention of the Borough that the police officers shall follow the
terms and conditions of the rule or statute in effect as of the date of arrest,
whether or not this chapter has been formally amended to comply with any rule
or statute changes.