[Adopted 11-4-1996 by Ord. No. 1326 (Sec. 242.09 of the 1982
Code)]
A.
The following guidelines are hereby adopted by the Borough of Green
Tree to permit its police officers to make arrests without a warrant
for specific summary offenses.
B.
Pursuant to 42 Pa.C.S.A. § 8902, effective January 17,
1996, a police officer shall, upon view, have the right to arrest
an individual without a warrant, upon probable cause, when there is
ongoing conduct that imperils the personal security of any person
or endangers public or private property.
C.
If a police officer of the Borough has probable cause to believe that there is a violation of one of the four offenses listed in Subsection D hereof, that the defendant's conduct is ongoing and 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.
D.
These guidelines shall apply only to the following summary offenses,
as set forth in 18 Pa.C.S.A., as follows:
E.
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 provides as follows:
[Amended 5-7-2018 by Ord.
No. 1790]
(2)
Release from custody.
(a)
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; and
[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.
(b)
A citation shall be issued to the defendant at the time of his
or her release, and thereafter the case shall proceed in accordance
with Rules 405 to 409 of the Pennsylvania Rules of Criminal Procedure
as if the proceedings had been instituted by issuing a citation to
the defendant.
(3)
When the defendant has not been released from custody pursuant to Subsection E(2) hereof, the defendant shall be taken without unnecessary delay before the issuing authority, where a citation shall be filed against the defendant, and the defendant shall enter a plea. 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, in either of which events the issuing authority shall
release the defendant on recognizance unless the issuing authority
has reasonable grounds to believe the defendant shall 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
(b)
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 the defendant shall 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.
F.
The Borough 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 Borough 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 statute changes.
[Amended 5-7-2018 by Ord.
No. 1790]
