Borough of Rosslyn Farms, PA Chapter 63 Arrests, Warrantless

§ 63-1 Adoption of guidelines.

The following guidelines are adopted by the Borough of Rosslyn Farms to permit its police officers to arrest, without a warrant, for specific summary offenses.

§ 63-2 Statutory authority.

Pursuant to 42 Pa.C.S.A. § 8902, effective January 17, 1996, a police officer shall, upon view, have the right to arrest an individual 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.

§ 63-3 Probable cause.

If a police officer of the Borough of Rosslyn Farms 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.

§ 63-4 Applicability.

These guidelines shall apply only to the following summary offenses set forth in 18 Pa.C.S.A., to-wit:

A. 18 Pa.C.S.A. § 5503, Disorderly conduct.

B. 18 Pa.C.S.A. § 5505, Public drunkenness.

C. 18 Pa.C.S.A. § 5507, Obstructing highways and other public passages.

D. 18 Pa.C.S.A. § 6308, Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.

§ 63-5 Criminal Procedure rules.

A. Any officer making an arrest under these guidelines shall follow those procedures set forth in the Pennsylvania Rules of Criminal Procedure and in particular Rule 71, said Rule currently providing as follows:

(1) When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection A(2) or taken before the proper issuing authority under Subsection B(1).

(2) When a defendant has been arrested without a warrant, the arresting officer may, when the officer deems appropriate, promptly release the defendant from custody when the following conditions have been met:

(a) The defendant is a resident of the Commonwealth;

(b) The defendant poses no threat of immediate physical harm to any other person or to himself or herself;

(c) The arresting officer has reasonable grounds to believe that the defendant will appear as required; and

(d) 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 55-59 as if the proceedings had been instituted by issuing a citation to the defendant.

(1) When the defendant has not been released from custody under Subsection A(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.

§ 63-6 Amendments to statutory authority.

The Borough recognizes that Pennsylvania Rule of Criminal Procedure 71 and 42 Pa.C.S.A. § 8902 may be amended from time to time. It is the intention of the Borough that the police officers shall follow the terms and conditions of the rule or statute in effect as of the date of arrest, whether or not this chapter has been formally amended to comply with any rule or statute changes.