[Res. 21-1996, 11/26/1996]
1.
Officers shall not take persons into custody for summary offenses
except in those situations where an officer has probable cause to
believe that the suspect is posing a danger to him/herself or others.
Officers may arrest for any of the following offenses, committed within
their presence and upon viewing, without a warrant upon probable cause
when there is on-going conduct that imperils the personal security
of any person or endangers public or private property:
A.
Under 18 Pa.C.S.A. § 5503 pertaining to disorderly conduct.
B.
Under 18 Pa.C.S.A. § 5505 pertaining to public drunkenness.
C.
Under 18 Pa.C.S.A. § 5507 pertaining to obstructing highways
or other public passages.
D.
Under 18 Pa.C.S.A. § 6308, pertaining to the purchase,
consumption, possession or transportation of liquor or malted or brewed
beverages.
[Res. 21-1996, 11/26/1996]
1.
Prior to making an arrest in accordance with Act 1995-25, 42 Pa.C.S.A.
§ 8902, officers shall ensure that the following requirements
contained within the statute are satisfied:
A.
The officer has probable cause to believe that one of the aforementioned
summary offenses in involved.
B.
The officer have probable cause to believe that the defendant's conduct
is on-going.
C.
The officer has probable cause to believe that the conduct constituting
the summary offense occurred within the officer's presence or within
the officer's view.
D.
The officer has probable cause to believe that the conduct constituting
the summary offense imperils the personal security of any person or
endangers public or private property.
[Res. 21-1996, 11/26/1996]
As with all warrantless arrests, officers shall ensure that
the requirements of Pa.R.Crim.P. 71 shall be fulfilled.
