Any City of Washington police officer shall, upon view, have
the right of arrest without warrant upon probable cause when there
is ongoing conduct that imperils the personal security of any person
or endangers public or private property when the conduct constitutes
a summary offense relating to:
C. Obstructing highways and other public passages.
D. Purchase, consumption, possession or transportation of intoxicating
beverages by a person less than 21 years of age.
The following are guidelines set by the City Council of the
City of Washington promulgated by the City of Washington providing
for making warrantless arrests pursuant to this chapter. A police
officer of the City of Washington may make a warrantless arrest pursuant
to this chapter only upon his or her own personal observation of the
totality of circumstances implicated by the actor's or actors' conduct,
including:
B. Other persons, including members of the public, in the immediate
vicinity of the scene of the incident.
C. The presence of other persons, including members of the public, outside
the immediate vicinity of the incident.
D. The locality and surroundings.
Prior to making an arrest without warrant, the police officer
must first have cause before making an arrest. "Probable cause" means
that, at the time of arrest, the facts and circumstances within the
officer's knowledge are reasonable, trustworthy and sufficient
to warrant a person of reasonable caution in believing that the actor
has committed or is committing an offense.
In making a warrantless arrest, the police officer must personally
observe the following:
A. The actor or actors actually engaging in the conduct constituting
the stated offense or a condition which, if not removed or arrested,
will likely result in a public nuisance or harm to a person or public
or private property.
The City of Washington police officers shall utilize the guidelines,
as aforesaid, in making an arrest without warrant. For the circumstances
enumerated in this chapter, a police officer shall, upon view, have
the right of arrest without warrant, upon probable cause, when there
is ongoing conduct that imperils the personal security of any person
or endangers public or private property.