Borough of Wesleyville, PA Part 12 WARRANTLESS ARRESTS

§ 1-1201 Adoption of Standards.

[Ord. No. 2008-001, 4/9/2008]

1. The Borough hereby adopts the following guidelines that apply to arrests made without warrants:

A. Each police officer employed by Wesleyville Borough, when making an arrest without warrant upon probable cause for certain summary offenses as authorized by Section 8902(a) of the Judicial Code, 42 Pa.C.S.A. § 8902(a), shall follow the procedures set forth in Rule 441 of the Pennsylvania Rules of Criminal Procedure (relating to arrest without warrant in summary cases), and any Wesleyville Borough procedures now or hereafter established, relating to warrantless arrest upon probable cause for summary offense.

B. The procedures provided in Subsection 1A hereof shall constitute the promulgated guidelines required by Section 8902(b) of the Judicial Code, 42 Pa.C.S.A. § 8902(b), to be followed by a police officer employed by Wesleyville Borough in making a warrantless arrest under Section 8902(a) of the Judicial Code, 42 Pa.C.S.A. § 8902(a).

C. The procedures referenced in Subsection 1A hereof shall include such procedures, all amendments and supplements thereto, and any new procedures substituted for the same, approved by Wesleyville Borough Council and in force at the time of application under this section.

§ 1-1202 Severability.

[Ord. No. 2008-001, 4/9/2008]

The provisions of this Part are severable. If any provision or part thereof shall be held invalid, unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions, or parts thereof, of this Part. It is the intent of Wesleyville Borough Council that this Part would have been adopted had such unconstitutional, illegal or invalid provision not be included herein.