If a police officer has probable cause to believe that there is a violation
of one or more 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.
The four summary offenses, pursuant to 18 Pa.C.S.A., are as follows:
A. 18 Pa.C.S.A. § 5503, Disorderly conduct.
B. 18 Pa.C.S.A. § 5505, Public drunkenness.
C. 18 Pa.C.S.A. § 5507, Obstructing highways and
other public passages.
D. 18 Pa.C.S.A. § 6308, Purchase, consumption,
possession or transportation of liquor or malt or brewed beverages.
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:
A. When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection
B or taken before the proper issuing authority under Subsection
C.
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; or
(c) 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 Rules
55-59 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 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 record must be ascertained
before trial as specifically required by statute for purposes of grading the
offenses charged, in which event the defendant shall be given the opportunity
to deposit collateral for appearance on the new date and hour fixed for the
trial, which shall be after the issuing authority's receipt of the required
information.
The Council recognizes that Rule 71 and 42 Pa.C.S.A. § 8902
may be amended from time to time. It is the intention of the Council 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 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 Municipality of Murrysville from making other
warrantless arrests for summary offenses where such arrests have been expressly
authorized by any other rule or statute.