[Adopted 12-8-1998 by Ord. No. 13-1998]
The Borough of Moosic does hereby authorize
its municipal officers to arrest without warrant under the provisions
of 42 Pa.C.S.A. § 8902 as established by the Legislature
of the Commonwealth of Pennsylvania as follows:
A.
General rule. For any of the following offenses, a
police officer shall, upon view, have the right of arrest without
warrant upon probable cause when there is ongoing conduct that imperils
the personal security of any person or endangers public or private
property:
(1)
Under Title 18 (relating to crimes and offenses) when
such offense constitutes a summary offense:
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18 Pa.C.S.A. § 5503 (relating to disorderly
conduct);
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18 Pa.C.S.A. § 5505 (relating to public
drunkenness);
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18 Pa.C.S.A. § 5507 (relating to obstructing
highways and other public passages);
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18 Pa.C.S.A. § 6308 (relating to purchase,
consumption, possession or transportation of liquor or malt or brewed
beverages); or
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(2)
Violation of an ordinance of a city of the second
class.
B.
Guidelines by governmental body. The right of arrest
without warrant under this section shall be permitted only after the
governmental body employing the police officer promulgates guidelines
to be followed by a police officer when making a warrantless arrest
under this section.
In accordance with 42 Pa.C.S.A. § 8902(b),
the Borough of Moosic does hereby promulgate these guidelines to be
followed by police officers of the Borough of Moosic when making a
warrantless arrest under this empowering statute. These guidelines
are as follows:
A.
A police officer shall have the right to arrest without
warrant for certain summary criminal offenses if the following conditions
are met:
(1)
The officer must have probable cause to believe that
the defendant has committed one of the following summary offenses
under Title 18:
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18 Pa.C.S.A. § 5503 (relating to disorderly
conduct)
| |
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18 Pa.C.S.A. § 5505 (relating to public
drunkenness)
| |
|
18 Pa.C.S.A. § 5507 (relating to obstructing
highways and other public passages)
| |
|
18 Pa.C.S.A. § 6308 (relating to purchase,
consumption, possession or transportation of liquor or malt or brewed
beverages)
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(2)
The officer must make a determination as to whether
there is ongoing conduct that imperils the personal security of any
person or endangers public or private property.
(3)
This determination must be made in good faith based
on the officer's personal observations. The officer should consider:
(a)
The condition of the defendant;
(b)
The circumstances surrounding the incident;
(c)
The likelihood that the conduct will persist
if the defendant is not placed under arrest;
(d)
The likelihood that the conduct, if it persists,
would endanger the defendant or any other person; and
(e)
The likelihood that the conduct, if it persists,
might result in damage to public or private property.
(4)
If, based on the foregoing factors, the officer determines
that the defendant should be placed under arrest, the officer should
follow standard policy and procedure for making such an arrest and
transporting of the defendant. (Refer to current policy or procedure.)
(5)
Where a defendant in such a situation is determined
to be a juvenile, the officer should follow standard policy and procedure
for arrest, transport, and notification in juvenile cases. (Refer
to current policy or procedure for juvenile cases.)
(6)
If a defendant is placed under arrest for a summary
offense under these guidelines, the officer must then follow the mandates
of Rule 71 of the Pennsylvania Rules of Criminal Procedure, Procedure
Following Arrest Without Warrant. The Rule states:
(b)
Release.
[1]
When defendant has been arrested without a warrant,
the arresting officer may, when the officer deems 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 the release and thereafter the case shall proceed in
accordance with Rules 55-59 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 A(6)(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 record must be ascertained
before trial as specifically required by statute for purpose 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.
