[Adopted 11-25-2008 by Ord. No. 1172]
The Borough of Brentwood, Allegheny County, Pennsylvania, hereby promulgates the following guidelines to be followed by Borough police officers when making a warrantless arrest under the warrantless arrest statute, 42 Pa.C.S.A. § 8902:
Prior to making a warrantless arrest under § 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902, the officer shall ensure that the following requirements set forth in the statute are satisfied:
The officer has probable cause to believe that one of the four listed offenses under § 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902, particularly identified as 18 Pa.C.S.A. § 5503 (relating to disorderly conduct); 18 Pa.C.S.A. § 5505 (relating to public drunkenness); 18 Pa.C.S.A. § 5507 (relating to obstructing highways and other public passages); and 18 Pa.C.S.A. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), is involved;
The defendant's conduct is ongoing;
The conduct constituting the offense is within the officer's view; and
The conduct imperils the personal security of any person or endangers public or private property.
After making a warrantless arrest pursuant to § 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902, the officer shall follow Rule 71 procedures for arrest without warrant as set forth in the Pennsylvania Rules of Criminal Procedure.
Editor's Note: See Pa.R.Crim.P. Rule 71.