[Adopted 4-2-2013 by Ord. No. 351]
Pursuant to 42 Pa.C.S.A. § 8902, a police officer
shall, upon view, have the right of arrest without a warrant for certain
summary offenses, upon probable cause, when there is ongoing conduct
that imperils the personal security of any person or endangers public
or private property, provided such arrests are authorized by rules
promulgated by the governmental body employing the police officer.
If a police officer has probable cause to believe that there
is a violation of one or more of the four offenses under Title 18
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.
The four summary offenses pursuant to Title 18 are as follows:
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18 Pa.C.S.A. § 5503 Disorderly conduct
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18 Pa.C.S.A. § 5505 Public drunkenness
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18 Pa.C.S.A. § 5507 Obstructing highways and other
public passages
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18 Pa.C.S.A. § 6308 Purchase, consumption, possession
or transportation of liquor or malt or brewed beverages
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Any officer making an arrest under these guidelines shall also
follow those procedures set forth in the Pennsylvania Rules of Criminal
Procedure, and in particular Rules 440 through 441, said rules currently
providing as follows:
B.
Release of defendant.
(1)
When a defendant has been arrested without a warrant, the arresting
officer shall promptly release the defendant from custody when the
following conditions have been met:
(2)
A citation shall be issued to the defendant at the time of release,
and thereafter the case shall proceed in accordance with Rules 405
through 409 as if the proceedings had been instituted issuing a citation
to the defendant.
C.
When the defendant has not been released from custody under Subsection B:
(1)
The defendant shall be taken without unnecessary delay before the
issuing authority, when available, where a citation shall be filed
against the defendant, and:
(a)
The defendant shall enter a plea.
(b)
If the defendant pleads guilty, the issuing authority shall
impose sentence. If the defendant pleads not guilty, the defendant
shall be given an immediate trial unless:
[1]
The commonwealth is not ready to proceed, or the defendant requests
a postponement or is not capable of proceeding, and in any of these
circumstances, the defendant shall be given the opportunity to deposit
collateral for appearance on the new date and hour fixed for trial;
or
[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.
(2)
If the defendant is under 18 years of age and cannot be given an
immediate trial, the issuing authority promptly shall notify the defendant
and defendant's parents, guardian, or other custodian of the
date set for the summary trial, and shall release the defendant on
his or her own recognizance.
The Council recognizes that Rules 440 through 441 and 42 Pa.C.S.A.
§ 8902 may be amended from time to time. It is the intention
of the Council that police officers follow the rule or statute currently
in effect as of the date of the arrest, whether or not these guidelines
have been formerly amended to comply with any rule or statute changes.
It is not the intention of the Council to modify, restrict or
otherwise prohibit a police officer of the Borough of Tullytown from
making other warrantless arrests for summary offenses where such arrests
have been expressly authorized by any other rule or statute.
The Chief of Police shall confirm that appropriate officer training
and department protocol have been met for implementation of these
guidelines.
