[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift 9-9-1996 by Ord. No.
4-1996 (Ch. XXIX of the 1970 Code of Ordinances).
Amendments noted where applicable.]
A.
Pursuant to 42 Pa.C.S.A. § 8902, effective January 17,
1996, a police officer shall, upon view, have the right to arrest
without a warrant for certain summary offenses, upon probable cause,
when there is ongoing conduct that imperils the personal security
of any person or endangers public or private property, providing such
arrests are authorized by rules promulgated by the governmental body
employing the police officer.
B.
If a police officer has probable cause to believe that there is a
violation of one or more of the four offenses listed below; that the
defendant's conduct is ongoing; that the conduct constituting
the crime is based upon the police officer's view of the conduct;
and if the conduct imperils the personal security of any person or
endangers public or private property, the officer shall have the right
to arrest a defendant without a warrant.
C.
The four summary offenses, pursuant to Title 18 Pa.C.S.A., are as
follows:
§ 5503
|
Disorderly conduct
| |
§ 5505
|
Public drunkenness and similar misconduct
| |
§ 5507
|
Obstructing highways and other public passages
| |
§ 6308
|
Purchase, consumption, possession or transportation of liquor
or malt or brewed beverages
|
D.
Any officer making an arrest under these guidelines shall also follow
those procedures set forth in the Pennsylvania Rules of Criminal Procedure
and, in particular, Rule 71, said rule currently providing as follows:
(2)
Release from custody.
(a)
When a defendant has been arrested without a warrant, the arresting
officer may, when the officer deems it appropriate, promptly release
the defendant from custody when the following conditions have been
met:
(b)
A citation shall be issued to the defendant at the time of release,
and thereafter the case shall proceed in accordance with Rule 55-59,
as if the proceedings had been instituted by issuing a citation to
the defendant.
(3)
When a defendant has not been released from custody under Subsection D(2), 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:
(a)
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
(b)
The defendant's criminal record must be ascertained before
trial, as specifically required by statute, for purposes of grading
the offenses charged, in which event the defendant shall be given
the opportunity to deposit collateral for appearance on the new date
and hour fixed for the trial, which shall be after the issuing authority's
receipt of the required information.
E.
The Council recognizes that Rule 71 and 18 Pa.C.S.A. § 8902
may be amended from time to time. It is the intention of the Council
that the police officers follow the terms of the rule or statute that
is currently in effect as of the date of the arrest, whether or not
these guidelines have been formally amended to comply with any rule
or statute changes.
F.
It is not the intention of the Council to modify, restrict or otherwise
prohibit a police officer of Vandergrift Borough from making other
warrantless arrests for summary offenses where such arrests have been
expressly authorized by any other rule or statute.