[HISTORY: Adopted by the Board of Supervisors of the Township of
Pine 7-15-1996 by Res. No. 511. Amendments
noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 94.
The following guidelines are established as the policy of the Joint
Police Force of the Township of Pine, the Township of Marshall and the Borough
of Bradfordwoods.
A.
Pursuant to 42 Pa.C.S.A. § 8902, effective
January 17, 1996, a police officer shall, upon view, have the right to arrest,
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.
B.
If a police officer of the Joint Police Force of Township
of Pine, the Township of Marshall and the Borough of Bradfordwoods have 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.
C.
These guidelines shall only apply to the following summary
offenses pursuant to Title 18 Pa.C.S.A.:
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, Rule 71, said Rule currently providing as follows:
B.
Release from custody.
(1)
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:
(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.
(2)
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 Procedural Rules 55 to 59 as if the proceedings had been
instituted by issuing a citation to the defendant.
C.
When a defendant has not been released from custody under Subsection B, 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; or
(2)
The defendant's criminal records 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 municipalities recognize that Rule 71 and 42 Pa.C.S.A. § 8902
may be amended from time to time. It is the intention of the municipalities
that the police officers follow the terms of the rule or statute that is currently
in effect as of the date of the arrest, whether or not the guidelines have
formally been amended to comply with any rule or statute changes.
