The Peters Township Council hereby promulgates the following
guidelines to be followed by the Township police officers when making
a warrantless arrest under § 8902 of Title 42 of the Pennsylvania
Consolidated Statutes, 42 Pa.C.S.A. § 8902:
A. Prior to making a warrantless arrest under § 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 § 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) The defendant's conduct is ongoing;
(3) 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 § 8902 of
the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902,
the officer shall follow Rules 400 and 401 procedures for arrest without
warrant as set forth in the Pennsylvania Rules of Criminal Procedure.