Township of Pine, PA: Warrantless Arrests

§ 140-1 Guidelines established.

The following guidelines are established as the policy of the Joint Police Force of the Township of Pine, the Township of Marshall and the Borough of Bradfordwoods.

Pursuant to 42 Pa.C.S.A. § 8902, effective January 17, 1996, a police officer shall, upon view, have the right to arrest, without a warrant, upon probable cause, when there is ongoing conduct that imperils the personal security of any person or endangers public or private property.

If a police officer of the Joint Police Force of Township of Pine, the Township of Marshall and the Borough of Bradfordwoods have probable cause to believe that there is a violation of one of the four offenses listed below, that the defendant's conduct is ongoing, 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.

These guidelines shall only apply to the following summary offenses pursuant to Title 18 Pa.C.S.A.:

(1)

Section 5503, Disorderly conduct.

(2)

Section 5505, Public drunkenness.

(3)

Section 5507, Obstructing highways and other public passages.

(4)

Section 6308, Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

§ 140-2 Procedure following arrest.

Any officer making an arrest under these guidelines shall also follow those procedures set forth in the Pennsylvania Rules of Criminal Procedure and, in particular, Rule 71, said Rule currently providing as follows:

When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection B or taken before the proper issuing authority under Subsection C; and

Release from custody.

(1)

When a defendant has been arrested without a warrant, the arresting officer may, when the officer deems it appropriate, promptly release the defendant from custody when the following conditions have been met:

(a)

The defendant is a resident of the Commonwealth;

(b)

The defendant poses no threat of immediate physical harm to any other person or to himself or herself;

(c)

The arresting officer has reasonable grounds to believe that the defendant will appear as required; and

(d)

The defendant does not demand to be taken before an issuing authority.

(2)

A citation shall be issued to the defendant at the time of release and, thereafter, the case shall proceed in accordance with Pennsylvania Rules of Criminal Procedural Rules 55 to 59 as if the proceedings had been instituted by issuing a citation to the defendant.

When a defendant has not been released from custody under Subsection B, the defendant shall be taken, without unnecessary delay, before the issuing authority, where a citation shall be filed against the defendant. The defendant shall be given an immediate trial unless:

(1)

The commonwealth is not ready to proceed, or the defendant requests a postponement, and, in either event, the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial; or

(2)

The defendant's criminal records must be ascertained before trial, as specifically required by statute, for purposes of grading the offense charged, in which event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial, which shall be after the issuing authority's receipt of the required information.

§ 140-3 Amendment of statute.

The municipalities recognize that Rule 71 and 42 Pa.C.S.A. § 8902 may be amended from time to time. It is the intention of the municipalities that the police officers follow the terms of the rule or statute that is currently in effect as of the date of the arrest, whether or not the guidelines have formally been amended to comply with any rule or statute changes.