[Adopted 2-11-1999 by Ord. No. 2-1999]
The Borough of Dalton does hereby authorize its municipal officers
to arrest without warrant under the provisions of 42 Pa. C.S.A. § 8902
as established by the legislature of the Commonwealth of Pennsylvania
as follows:
A. General rule. For any of the following offenses, 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:
(1) Under Title 18 (relating to crimes and offenses) when such offense
constitutes a summary offense:
(a)
18 Pa. C.S. § 5503 (relating to disorderly conduct);
(b)
18 Pa. C.S. § 5505 (relating to public drunkenness);
(c)
18 Pa. C.S. § 5507 (relating to obstructing highways
and other public passages);
(d)
18 Pa. C.S. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed beverages);
or
(e)
Violation of an ordinance of a city of the second class.
B. Guidelines by governmental body. The right of arrest without warrant
under this section shall be permitted only after the governmental
body employing the police office promulgates guidelines to be followed
by a police officer when making a warrantless arrest under this section.
In accordance with 42 Pa.C.S.A. § 8902(b), the Borough
of Dalton does hereby promulgate these guidelines to be followed by
police officers of the Borough of Dalton when making a warrantless
arrest under this empowering statute. These guidelines are as follows:
A. A police officer shall have the right to arrest without warrant for
certain summary criminal offenses if the following conditions are
met:
(1) The officer must have probable cause to believe that the defendant
has committed one of the following summary offenses under Title 18:
(a)
18 Pa. C.S. § 5503 (relating to disorderly conduct);
(b)
18 Pa. C.S. § 5505 (relating to public drunkenness);
(c)
18 Pa. C.S. § 5507 (relating to obstructing highways
and other public passages);
(d)
18 Pa. S.C. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed beverages).
(2) The officer must make a determination as to whether there is ongoing
conduct that imperils the personal security of any person or endangers
public or private property.
(3) This determination must be made in good faith based on the officer's
personal observations. The officer should consider:
(a)
The condition of the defendant;
(b)
The circumstances surrounding the incident;
(c)
The likelihood that the conduct will persist if the defendant
is not placed under arrest;
(d)
The likelihood that the conduct, if it persists, would endanger
the defendant or any other person; and
(e)
The likelihood that the conduct, if it persists, might result
in damage to public or private property.
(4) If, based on the foregoing factors, the officer determines that the
defendant should be placed under arrest, the officer should follow
standard policy and procedure for making such an arrest and transporting
the defendant. (Refer to current policy or procedure.)
(5) Where a defendant in such a situation is determined to be a juvenile,
the officer should follow standard policy and procedure for arrest,
transport and notification in juvenile cases. (Refer to current policy
and procedure for juvenile cases.)
(6) If a defendant is placed under arrest for a summary offense under
these guidelines, the officer must then follow the mandates of Rule
71 of the Pennsylvania Rules of Criminal Procedure, Procedure Following
Arrest Without Warrant. The rule states:
(a)
When a defendant has been arrested without warrant, the defendant
shall be either released from custody pursuant to Subsection A(6)(b)[1][b]
or taken before the proper issuing authority under Subsection A(6)(b)[1][c].
(b)
Release of defendant.
[1]
When a defendant has been arrested without a warrant, the arresting
officer may, when the officer deems appropriate, promptly release
the defendant from custody when the following conditions have been
met:
[a]
The defendant is a resident of the Commonwealth;
[b]
The defendant poses no threat of immediate physical harm to
any other person or to himself or herself;
[c]
The arresting officer has reasonable grounds to believe that
the defendant will appear as required; and
[d]
The defendant does not demand to be taken before an issuing
authority.
[2]
A citation shall be issued to the defendant at the time of the
release, and thereafter, the case shall proceed in accordance with
Rules 55-59 as if the proceedings had been instituted by issuing a
citation to the defendant.
(c)
When the defendant has not been released from custody under
Subsection A(6)(b)[1][b], 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 requests
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 purpose 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.
This article is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, 1966) 1965, P.L. 1656, No.
581, known as the Borough Code, § 1005, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.