This chapter shall be known as the "Upper Southampton
Township Warrantless Arrest Ordinance."
In addition to the powers provided by 53 P.S. § 66905,
relating to powers of police officers, and by 42 Pa.C.S.A. § 6324,
relating to taking a juvenile into custody, police officers of Upper
Southampton Township shall, upon view and upon probable cause, have
the right of arrest without warrant when there is ongoing conduct
that imperils the personal security of any person or endangers public
or private property for the following offenses, consistent with Section
8902 of the Pennsylvania Judicial Code (42 Pa.C.S.A. § 8902):
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.
D. 18 Pa.C.S.A. § 6308, Underage Drinking.
Any officer making an arrest under these guidelines
shall follow those procedures set forth in the Pennsylvania Rules
of Criminal Procedure, in particular Rule 441, 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
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:
(a) The
defendant poses no threat of immediate physical harm to any other
person or to himself or herself; and
(b) The
arresting officer has reasonable grounds to believe that the defendant
will appear as required.
(2) A citation
shall be issued to the defendant at the time of release and thereafter
the case shall proceed in accordance with Rules of Criminal Procedure
405 through 409 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:
(1) The
defendant shall be taken without unnecessary delay before the issuing
authority, when available, pursuant to Rule of Criminal Procedure
117, 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 issuing authority shall release the defendant on
recognizance unless the issuing authority has reasonable grounds to
believe that the defendant will not appear, in which case the issuing
authority may fix the amount of collateral to be deposited to ensure
the defendant's 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 issuing authority shall release the defendant
on recognizance unless the issuing authority has reasonable grounds
to believe that the defendant will not appear, in which case the issuing
authority may fix the amount of collateral to be deposited to ensure
the defendant's appearance on the new date and hour fixed for trial,
which shall be after the issuing authority's receipt of the required
information.
(c) In
determining whether it is necessary to set collateral and what amount
of collateral should be set, the issuing authority shall consider
the factors listed in Rule of Criminal Procedure 523. The amount of
collateral shall not exceed the full amount of the fine and costs.
(d) If
collateral has been set, the issuing authority shall state, in writing,
the reason(s) why any collateral other than release on recognizance
has been set and the facts that support a determination that the defendant
has the ability to pay monetary collateral.
(e) If
collateral is set and the defendant does not post collateral, the
defendant shall not be detained without a trial longer than 72 hours
or the close of the next business day if the 72 hours expire on a
nonbusiness day.
(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
the 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 Township recognizes that Rule 441 of the Pennsylvania Rules
of Criminal Procedure and 42 Pa.C.S.A. § 8902 may be amended
from time to time. It is the intention of the Township that police
officers shall follow the terms and conditions of the rule or statute
in effect as of the date of arrest, whether or not this section has
been formally amended to comply with any such rule or statutory changes.