[Adopted 9-9-1996 by Res. No. 1996-52 (Part 10, Ch. 2, Art.
B, Sec. 10-2017, of the 1976 Code of Ordinances)]
A. On November 17, 1995, the Governor of the Commonwealth of Pennsylvania
signed an Act known as "Act 25 of 1995" to take effect in 60 days;
and
B. Title 42 of the Pennsylvania Consolidated Statutes was amended by
adding 42 Pa.C.S.A. § 8902, authorizing an arrest without
a warrant for certain specific summary offenses; and
C. 42 Pa.C.S.A. § 8902(b) provides that the governmental body
must promulgate guidelines to be followed by a police officer when
making a warrantless arrest thereunder.
Prior to making an arrest under 42 Pa.C.S.A. § 8902,
any police officer shall ensure that:
A. He/she has probable cause to believe that at least one of the following
summary offenses is being committed:
(1) 18 Pa.C.S.A. § 5503 (disorderly conduct);
(2) 18 Pa.C.S.A. § 5505 (public drunkenness);
(3) 18 Pa.C.S.A. § 5507 (obstructing highways and other public
passages);
(4) 18 Pa.C.S.A. § 6308 (purchase, consumption, possession
or transportation of liquor or malt or brewed beverages);
B. The suspect's conduct is ongoing;
C. The conduct constituting the offense is in the officer's view; and
D. The conduct imperils the personal security of any person or endangers
public or private property.
Following an arrest pursuant to Title 42 of the Pennsylvania
Consolidated Statutes, the officer shall forthwith satisfy the procedures
set forth in Pennsylvania Rule of Criminal Procedure 71 (procedure
following arrest without warrant).