[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Southampton 10-29-1996 by Ord. No. 324. Amendments
noted where applicable.]
This chapter shall be known as the "Upper Southampton
Township Warrantless Arrest Ordinance."
In addition to the powers provided by 53 P.S.
§ 66905 and by 42 Pa.C.S.A. § 6324(3), police
officers of Upper Southampton Township shall, upon view, have the
right of arrest without warrant upon probable cause when there is
ongoing conduct that imperils the personal security of any person
or endangers public or private property for the following offenses:
When a defendant has been arrested without a
warrant for a summary offense, police officers shall comply with the
requirements of Pennsylvania Rule of Criminal Procedure 71 as follows:
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Rule 71. Procedure Following Arrest Without
Warrant.
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(a)
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When a defendant has been arrested without a
warrant, the defendant shall be either released from custody pursuant
to paragraph (b) or taken before the proper issuing authority under
paragraph (c).
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(b)
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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:
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(1)
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The defendant is a resident of the commonwealth;
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(2)
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The defendant poses no threat of immediate physical
harm to any other person or to himself or herself;
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(3)
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The arresting officer has reasonable grounds
to believe that the defendant will appear as required; and
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(4)
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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 55-59 as if the proceedings had been instituted by issuing
a citation to the defendant.
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(c)
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When the defendant has not been released from
custody under paragraph (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:
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(1)
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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
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(2)
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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.
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