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Borough of Homestead, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 12-11-2008 by Ord. No. 1202]
The Borough of Homestead, Allegheny County, Pennsylvania, hereby promulgates the following guidelines to be followed by Borough police officers when making a warrantless arrest under § 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902:
A. 
Prior to making a warrantless arrest under § 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902, the officer shall ensure that the following requirements set forth in the statute are satisfied:
(1) 
The officer has probable cause to believe that one of the four listed offenses under § 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902, particularly identified as 18 Pa.C.S.A. § 5503 (relating to disorderly conduct); 18 Pa.C.S.A. § 5505 (relating to public drunkenness); 18 Pa.C.S.A. § 5507 (relating to obstructing highways and other public passages); and 18 Pa.C.S.A. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), is involved;
(2) 
The Defendant's conduct is ongoing;
(3) 
The conduct constituting the offense is within the officer's view; and
(4) 
The conduct imperils the personal security of any person or endangers public or private property.
B. 
After making a warrantless arrest pursuant to § 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902, the officer shall follow Rule 71 procedures for arrest without warrant as set forth in the Pennsylvania Rules of Criminal Procedure.