Township of Peters, PA Warrantless Arrests

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:

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.

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.