[Ord. No. 321, 5/20/2019]
The following guidelines are hereby adopted by the Township
of Wrightstown to permit its police officers to make arrests without
a warrant for specific summary offenses when they view the unlawful
conduct and the conduct is ongoing conduct that imperils the personal
security of any person or endangers public or private property.
[Ord. No. 321, 5/20/2019]
If a police officer of the Township has probable cause to believe that there is a violation of one of the four offenses listed in § 1-403 hereof, that the defendant's conduct is ongoing and 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.
[Ord. No. 321, 5/20/2019]
1.
These guidelines shall apply only to the following summary offenses,
as set forth in 18 Pa.C.S.A., as follows:
[Ord. No. 321, 5/20/2019]
1.
Any officer making an arrest under these guidelines shall follow
those procedures set forth in the Pennsylvania Rules of Criminal Procedure,
in particular Rule 441, said rule currently providing as follows:
A.
When a defendant has been arrested without a warrant, the defendant
shall be either released from custody pursuant to Subsection 1B or
taken before the proper issuing authority under Subsection 1C.
B.
Release of defendant.
(1)
When a defendant has been arrested without a warrant, the arresting
officer shall promptly release the defendant from custody when the
following conditions have been met:
(2)
A citation shall be issued to the defendant at the time of release
and thereafter the case shall proceed in accordance with Rules of
Criminal Procedure 405-409 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
1B:
(1)
The defendant shall be taken without unnecessary delay before
the issuing authority, when available, pursuant to Rule of Criminal
Procedure 117, where a citation shall be filed against the defendant,
and:
(a)
The defendant shall enter a plea.
(b)
If the defendant pleads guilty, the issuing authority shall
impose sentence. If the defendant pleads not guilty, the defendant
shall be given an immediate trial unless:
1)
The commonwealth is not ready to proceed, or the defendant requests
a postponement or is not capable of proceeding, and in any of these
circumstances, the issuing authority shall release the defendant on
recognizance unless the issuing authority has reasonable grounds to
believe that the defendant will not appear, in which case the issuing
authority may fix the amount of collateral to be deposited to ensure
the defendant's 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 purposes of grading
the offense charged, in which event the issuing authority shall release
the defendant on recognizance unless the issuing authority has reasonable
grounds to believe that the defendant will not appear, in which case
the issuing authority may fix the amount of collateral to be deposited
to ensure the defendant's appearance on the new date and hour
fixed for trial, which shall be after the issuing authority's
receipt of the required information.
(c)
In determining whether it is necessary to set collateral and
what amount of collateral should be set, the issuing authority shall
consider the factors listed in Rule of Criminal Procedure 523. The
amount of collateral shall not exceed the full amount of the fine
and costs.
(d)
If collateral has been set, the issuing authority shall state,
in writing, the reason(s) why any collateral other than release on
recognizance has been set and the facts that support a determination
that the defendant has the ability to pay monetary collateral.
(e)
If collateral is set and the defendant does not post collateral,
the defendant shall not be detained without a trial longer than 72
hours or the close of the next business day if the 72 hours expire
on a nonbusiness day.
(2)
If the defendant is under 18 years of age and cannot be given
an immediate trial, the issuing authority promptly shall notify the
defendant and defendant's parents, guardian, or other custodian
of the date set for the summary trial, and shall release the defendant
on his or her own recognizance.
[Ord. No. 321, 5/20/2019]
The Township recognizes that Rule 441 of the Pennsylvania Rules
of Criminal Procedure and 42 Pa.C.S.A. § 8902 may be amended
from time to time. It is the intention of the Township that police
officers shall follow the terms and conditions of the rule or statute
in effect as of the date of arrest, whether or not this section has
been formally amended to comply with any such rule or statutory changes.
[Ord. No. 321, 5/20/2019]
If any provision of this Part is declared by a court of competent
jurisdiction to be invalid or unconstitutional, such determination
shall have no effect on the remaining provisions of this Part or on
the provisions of the Code of Ordinances of Wrightstown Township.
[Ord. No. 321, 5/20/2019]
It is the intent of the Board of Supervisors of Wrightstown
that the provisions of this Part shall become and be made a part of
the Code of the Township. Sections of this Part may be renumbered
or relettered and the word "ordinance" may be changed to "section"
or "article" or such other appropriate word or phrase in order to
accomplish the intention of the Board of Supervisors.
[Ord. No. 321, 5/20/2019]
That this Part and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect five days after adoption by the Board
of Supervisors of Wrightstown Township.
