[HISTORY: Adopted by the City Council of the City of Greensburg 8-12-1996
as Ord. No. 1691. Amendments noted where applicable.]
GENERAL REFERENCES
Police — See Charter, Art. XII.
A.
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 that such arrests are authorized
by rules promulgated by the governmental body employing the police officer.
B.
If a police officer has probable cause to believe that
there is a violation of one (1) or more of the four (4) 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.
C.
The four (4) summary offenses, pursuant to Title 18 Pa.C.S.A.,
are as follows:
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:
B.
Release of defendant; citation.
(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:
(2)
A citation shall be issued to the defendant at the time
of release and thereafter the case shall proceed in accordance with Rule 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 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 report must be ascertained before
trial as specifically required by statute for purposes of grading the offenses
charged, in which event the defendant shall be given the opportunity to deposit
collateral for appearance on the new date and hour fixed for the trial, which
shall be after the issuing authority's receipt of the required information.
A.
The Council recognizes that Rule 71 and Section 8902
may be amended from time to time. It is the intention of the 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.
B.
It is not the intention of the Council to modify, restrict
or otherwise prohibit a police officer of the City of Greensburg from making
other warrantless arrests for summary offenses where such arrests have been
expressly authorized by any other rule or statute.
