[HISTORY: Adopted by the Board of Supervisors of Shippensburg
Township 8-7-1999 by Ord. No. 99-5. Amendments noted where applicable.]
Police officers who have jurisdiction in Shippensburg Township,
Cumberland County, Pennsylvania, shall, upon the police officer's
personal view, have the right to arrest without warrant upon probable
cause where there is ongoing conduct that imperils the personal security
of any person or endangers private or public property for any of the
following offenses, when such offense constitutes a summary offense
pursuant to the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq.:
A.
18 Pa.C.S.A. § 5503 (relating to disorderly conduct);
B.
18 Pa.C.S.A. § 5505 (relating to public drunkenness);
C.
18 Pa.C.S.A. § 5507 (relating to obstructing highways and
other public passages); or
D.
18 Pa.C.S.A. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed beverages).
Any officer effecting a warrantless arrest under this chapter
shall identify himself or herself as a police officer by exhibiting
a recognized sign of authority, which shall consist of either an official
police uniform of the department or an authorized official police
badge or police identification.
All warrantless arrests authorized by this chapter shall be
made in accordance with standards for other types of warrantless arrest
as set forth in any other statute or law of the Commonwealth of Pennsylvania
concerning the particular conduct or offense. In the event that any
statute or law of the commonwealth provides for more stringent standards
or requirements concerning such warrantless arrests, the more stringent
standards or requirements shall be followed and shall be deemed to
supersede the standards established by this chapter. No change in
the law on warrantless arrest, either by statute or by the development
of case law, shall be deemed or construed to invalidate this chapter.
Rather, any such change in the law on warrantless arrests shall be
considered to automatically amend standards established by the Supervisors
of Shippensburg Township by becoming the standards authorized pursuant
to this chapter.
All warrantless arrests shall also be made in accordance with
the provisions and guidelines promulgated and adopted by resolution
by the Board of Supervisors of Shippensburg Township as applicable
guidelines to be followed by police officers when making warrantless
arrests pursuant to 42 Pa.C.S.A. § 8902.[1]
[1]
Editor's Note: The resolution adopting said guidelines is
an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any sentence, clause or section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses or sections
or part of this chapter. It is hereby declared as the intent of the
Board of Supervisors that this chapter would not have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof been included herein.
The provisions of this chapter shall take effect five days after
enactment of this chapter.
