Township of Maidencreek, PA Chapter 57 Warrantless Arrests

[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek 5-9-1996 by Ord. No. 151. Amendments noted where applicable.]

§ 57-1 Adoption of regulations. [1]

The Board of Supervisors of Maidencreek Township hereby adopts the following regulations which shall be followed by all officers of the Northern Berks Regional Police Department when making a warrantless arrest under provisions of 42 Pa.C.S.A. § 8902.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 57-2 Applicable Crimes Code sections.

Warrantless arrests shall be made only for violations of the following sections of the Pennsylvania Crimes Code:

	18 Pa.C.S.A.	Offense
	§ 5503	Disorderly conduct
	§ 5505	Public drunkenness
	§ 5507	Obstructing highway or public passages
	§ 6308	Purchase, consumption, possession or transportation of liquor or malt or brewed beverages

§ 57-3 Terms of arrest.

A warrantless arrest for any of the above captioned offenses shall only be made provided that the officer has probable cause to believe that one or more of the four listed crimes has been committed, and that the conduct constituting the crime occurred within the officer's view, and further that:

A. The defendant is not a resident of the Commonwealth of Pennsylvania;

B. Defendant has no form of or insufficient identification;

C. Defendant is under the age of 18 and is being held for subsequent release to parent and/or guardian;

D. Defendant poses an immediate threat of physical harm or injury to any other person or to himself or herself or endangers public or private property; or

E. Defendant demands to be taken before an issuing authority.