[HISTORY: Adopted by the City Council of the City of Clairton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-1997 by Ord. No. 1642]
The City of Clairton Police Department is hereby authorized
to use all speed-timing devices for the determination of speed of
a motor vehicle on all streets, highways and roadways of the City
of Clairton that are approved, or hereafter approved, by the Commonwealth
of Pennsylvania, Department of Transportation, in accordance with
75 Pa.C.S.A. § 3368.
[Adopted 10-14-2008 by Ord. No. 1815]
The City of Clairton, Allegheny County, Pennsylvania, hereby
promulgates the following guidelines to be followed by City police
officers when making a warrantless arrest under Section 8902 of Title
42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902.
A.
Prior to making a warrantless arrest under Section 8902 of Title
42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902,
the officer shall ensure that the following requirements set forth
in the statute are satisfied:
(1)
The officer has probable cause to believe that one of the four listed
offenses under Section 8902 of Title 42 of the Pennsylvania Consolidated
Statutes, 42 Pa.C.S.A. § 8902, particularly identified as
18 Pa.C.S.A. § 5503 (relating to disorderly conduct); 18
Pa.C.S.A. § 5505 (relating to public drunkenness); 18 Pa.C.S.A.
§ 5507 (relating to obstructing highways and other public
passages); and 18 Pa.C.S.A. § 6308 (relating to purchase,
consumption, possession or transportation of liquor or malt or brewed
beverages), is involved;
(2)
That the defendant's conduct is ongoing;
(3)
That the conduct constituting the offense is within the officer's
view; and
(4)
The conduct imperils the personal security of any person or endangers
public or private property.
B.
After making a warrantless arrest pursuant to Section 8902 of Title
42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902,
the officer shall follow Rule 71 procedures for arrest without warrant
as set forth in the Pennsylvania Rules of Criminal Procedure.
