[Adopted 12-11-2008 by Ord. No. 1202 (Ch. 59, Art. VII, of the 1999 Code)]
The Borough of Homestead, Allegheny County, Pennsylvania, hereby
promulgates the following guidelines to be followed by Borough police
officers when making a warrantless arrest under § 8902 of
Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902:
1.Â
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:
A.Â
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;
B.Â
The Defendant's conduct is ongoing;
C.Â
The conduct constituting the
offense is within the officer's view; and
D.Â
The conduct imperils the personal
security of any person or endangers public or private property.
2.Â
After making a warrantless arrest
pursuant to § 8902 of Title 42 of the Pennsylvania Consolidated
Statutes, 42 Pa.C.S.A. § 8902, the officer shall follow
Rule 71 procedures for arrest without warrant as set forth in the
Pennsylvania Rules of Criminal Procedure.
