Borough of Wilmerding, PA Chapter 80 WARRANTLESS ARRESTS

[HISTORY: Adopted by the Borough Council of the Borough of Wilmerding 8-5-2008 by Ord. No. 1001. Amendments noted where applicable.]

GENERAL REFERENCES

Police Department — See Ch. 58.

§ 80-1 Title.

This chapter shall be known as the "Warrantless Arrest Guideline Ordinance."

§ 80-2 Arrest without warrant.

Police officers acting in Wilmerding Borough shall hereinafter be authorized to make an arrest without a warrant pursuant to the guidelines of 42 Pa.C.S.A. § 8902. Officers may make an arrest without warrant when the following statutory requirements are met.

A. The officer must have probable cause that one of the four following listed offenses is involved:

(1) Disorderly conduct;

(2) Public drunkenness or similar misconduct;

(3) Obstructing highways or other public property or rights-of-way; or

(4) The purchase, consumption, possession or transportation of liquor, malt or brewed beverages.

B. The conduct of the defendant must be ongoing.

C. The conduct constituting the offense is within the officer's view.

D. The conduct of the defendant imperils the personal security of any person or endangers public or private property.

§ 80-3 Procedure.

After making an arrest without a warrant pursuant to this chapter and 42 Pa.C.S.A. § 8902 supra, the officer shall follow and comply with Rule 71, Procedure Following Arrest Without Warrant, of the Pennsylvania Rules of Criminal Procedure.

§ 80-4 Intent.

It is the intent of this chapter to give the most full and comprehensive arrest powers to police officers acting within the Borough as the cited statute permits.