[HISTORY: Adopted by the Board of Supervisors of the Township of
West Whiteland 3-14-2006 by Ord. No. 336.
Amendments noted where applicable.]
A.
Pursuant to 42 Pa.C.S.A. § 8902, effective
January 17, 1996, 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.
B.
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.
C.
The four summary offenses pursuant to Title 18 are as
follows:
18 Pa. C.S.A.
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§ 5503 Disorderly conduct
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18 Pa. C.S.A.
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§ 5505 Public drunkenness
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18 Pa. C.S.A.
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§ 5507 Obstructing highways and other public passages
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18 Pa. C.S.A.
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§ 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 Rule 441, said rule currently providing as follows:
B.
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:
(1)
The defendant is a resident of the commonwealth;
(2)
The defendant poses no threat of immediate physical harm
to any other person or to himself or herself;
(3)
The arresting officer has reasonable grounds to believe
that the defendant will appear as required; and
(4)
The defendant does not demand to be taken before an issuing
authority.
A citation shall be issued to the defendant at the time of release and
thereafter the case shall proceed in accordance with Rules 405-409 as if the
proceedings had been instituted by issuing a citation to the defendant.
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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, and:
(1)
The defendant shall enter a plea.
(2)
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:
(a)
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
(b)
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.
(3)
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 Board of Supervisors recognizes that Rule 441 and 42 Pa.C.S.A. § 8902
may be amended from time to time. It is the intention of the Board of Supervisors
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 Board of Supervisors to modify, restrict
or otherwise prohibit a police officer of the Township of West Whiteland from
making other warrantless arrests for summary offenses where such arrests have
been expressly authorized by any other rule or statute.