[HISTORY: Adopted by the Borough Council
of the Borough of Edgeworth 1-21-1997 by Ord. No. 461. Amendments noted where
applicable.]
The following guidelines are established as
the policy of the Borough of Edgeworth:
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, upon probable cause, when there is ongoing
conduct that imperils the personal security of any person or endangers
public or private property.
B.
If a police officer of the Borough of Edgeworth has
probable cause to believe that there is a violation of one 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.
C.
These guidelines shall only apply to the following
summary offenses pursuant to Title 18 Pa.C.S.A.:
D.
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:
(2)
Release of defendant.
(a)
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.
(b)
A citation shall be issued to the defendant
at the time of release and thereafter the case shall proceed in accordance
with Pennsylvania Rules of Criminal Procedure, Rules 55 through 59
as if the proceedings had been instituted by issuing a citation to
the defendant.
(3)
When the defendant has not been released from custody under Subsection D(2), 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:
(a)
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
(b)
The defendant's criminal record must be
ascertained before trial as specifically required by statute for purposes
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.
E.
The Borough recognizes that Rule 71 and Pa.C.S.A.
§ 8902 may be amended from time to time. It is the intention
of the Borough 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 formerly been amended to comply
with any rule or statute changes.
