Borough of West View, PA Chapter 105 Arrests, Warrantless

[HISTORY: Adopted by the Town Council of the Borough of West View 12-8-1999 by Ord. No. 1390 (Ch. 51 of the 1977 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Police Department — See Ch. 58.

Alcoholic beverages — See Ch. 94.

Peace and good order — See Ch. 208.

§ 105-1 Purpose.

The purpose of this chapter is to permit a police officer to arrest without a warrant for specific summary offenses.

§ 105-2 General rule.

For any of the following offenses, a police officer shall, upon view, have the right to arrest 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:

A. Under Title 18, when such offense constitutes a summary offense:

(1) 18 Pa.C.S.A. § 5503 (relating to disorderly conduct).

(2) 18 Pa.C.S.A. § 5505 (relating to public drunkenness).

(3) 18 Pa.C.S.A. § 5507 (relating to obstructing highways and other public passages).

(4) 18 Pa.C.S.A. § 6308 (Relating to purchase, consumption or transportation of liquor or malt or brewed beverages).

§ 105-3 Procedure following arrest without warrant.

When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to §§ 105-3A and 105-3B or taken before the prior issuing authority under § 105-3C.

A. When a defendant has been arrested without a warrant, the arrest officer may, when the officer deems it appropriate, promptly release the defendant from custody when the following conditions have been met:

(1) The defendant poses no threat of immediate physical harm to any other person or himself or herself;

(2) The arresting officer has reasonable grounds to believe that the defendant will appear as required; and

(3) 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 release, and thereafter the case shall proceed as if the proceedings had been instituted as a citation to the defendant.

C. When the defendant has not been released from custody under § 105-3A, the defendant shall be taken without unnecessary delay before the issuing authority where a citation shall be filed against the defendant. The defendant shall be given an immediate trial unless:

(1) The commonwealth is not ready to proceed or the defendant is given a postponement, and in either event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial; or

(2) 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 defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial, which shall be after the issuing authority's receipt of the required information.

§ 105-4 Additional guidelines.

Prior to making an arrest, the officer should ensure that the following requirements are satisfied:

A. The officer has probable cause.

B. The violation is one of the four listed crimes.

C. The defendant's conduct is ongoing.

D. The conduct constituting the crime was within the officer's view.

E. The conduct exposes to harm or injure the personal security of any person, including the defendant, or endangers public or private property.