[Ord. 2014-1, 9/2/2014]
1.
Pursuant to 42 Pa.C.S.A. § 8902, effective January 17,
1996, a police officer shall, upon view, have the right of arrest
without a warrant for certain summary offenses, upon probable cause,
when there is ongoing conduct that imperils the personal security
of any person or endangers public or private property, provided such
arrests are authorized by rules promulgated by the governmental body
employing the police officer.
2.
If a police officer has probable cause to believe that there is a
violation of one or more 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.
3.
The four summary offenses pursuant to Title 18 are as follows:
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18 Pa.C.S.A. § 5503, Disorderly conduct
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18 Pa.C.S.A. § 5505, Public drunkenness
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18 Pa.C.S.A. § 5507, Obstructing highways and other
public passages
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18 Pa.C.S.A. § 6308, Purchase, consumption, possession
or transportation of liquor or malt or brewed beverages
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[Ord. 2014-1, 9/2/2014]
1.
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 441, said rule currently providing as follows:
B.
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:
(1)
The defendant is a resident of the commonwealth;
(2)
The defendant poses no threat of immediate physical harm to
any other person or to himself or herself;
(3)
The arresting officer has reasonable grounds to believe that
the defendant will appear as required; and
(4)
The defendant does not demand to be taken before an issuing
authority. A citation shall be issued to the defendant at the time
of release and thereafter the case shall proceed in accordance with
Rules 405-409 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 B, the defendant shall be taken without unnecessary delay before the issuing authority, where a citation shall be filed against the defendant, and:
(1)
The defendant shall enter a plea.
(2)
If the defendant pleads guilty, the issuing authority shall
impose sentence. If the defendant pleads not guilty, the defendant
shall be given an immediate trial unless:
(a)
The Commonwealth is not ready to proceed or the defendant requests
a postponement or is not capable of proceeding, and in any of these
circumstances, the defendant shall be given the opportunity to deposit
collateral for appearance on the new date and hour fixed for trial;
or
(3)
If the defendant is under 18 years of age and cannot be given
an immediate trial, the issuing authority promptly shall notify the
defendant and defendant's parents, guardian, or other custodian
of the date set for the summary trial, and shall release the defendant
on his or her own recognizance.
[Ord. 2014-1, 9/2/2014]
The Forty Fort Borough Council recognizes that Rule 441 and
42 Pa.C.S.A. § 8902 may be amended from time to time. It
is the intention of the Forty Fort Borough Council 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 these guidelines
have been formerly amended to comply with any rule or statute changes.
[Ord. 2014-1, 9/2/2014]
It is not the intention of the Forty Fort Borough Council to
modify, restrict or otherwise prohibit a police officer of the Borough
of Forty Fort from making other warrantless arrests for summary offenses
where such arrests have been expressly authorized by any other rule
or statute.
