[Ord. 855, 2/10/1997, § 1]
The purpose of this Part is to permit a police officer to arrest,
without a warrant, for specific summary offenses.
[Ord. 855, 2/10/1997, § 2]
Officers shall not take persons into custody for summary offenses
except in those situations where an officer has probable cause to
believe that the suspect is posing a danger to him/herself or others.
Officers may arrest for any of the following offenses, committed within
their presence and upon viewing, without a warrant upon probable cause
when there is on-going conduct that imperils the personal security
of any person or endangers public or private property:
A. Under Title 18, § 5503, pertaining to disorderly conduct.
B. Under Title 18, § 5505, pertaining to public drunkenness.
C. Under Title 18, § 5507, pertaining to obstructing highways
or other public passages.
D. Under Title 18, § 6308, pertaining to the purchase, consumption,
possession or transportation of liquor or malt or brewed beverages.
[Ord. 855, 2/10/1997, § 4]
Prior to making an arrest in accordance with the referenced
statute, officers shall ensure that the following requirements contained
within the statute are satisfied:
A. The officer has probable cause to believe that one of the aforementioned
summary offenses is involved.
B. The officer has probable cause to believe that the defendant's conduct
is ongoing.
C. The officer has probable cause to believe that the conduct constituting
the summary offense occurred within the officer's presence or within
the officer's view.
D. The officer has probable cause to believe that the conduct constituting
the summary offense imperils he personal security of any person or
endangers public or private property.