[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:
A.
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:
(1)
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;
(2)
The defendant's conduct is ongoing;
(3)
The conduct constituting the offense is within the
officer's view; and
(4)
The conduct imperils the personal security of any
person or endangers public or private property.
B.
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.[1]
[1]
Editor's Note: See Pa.R.Crim.P. Rule 71.
