[HISTORY: Adopted by the City Council of the City of Clairton as indicated in article histories. Amendments noted where applicable.]
Article I Speed-Timing Devices
Article II Warrantless Arrests
[Adopted 12-9-1997 by Ord. No. 1642]
The City of Clairton Police Department is hereby authorized to use all speed-timing devices for the determination of speed of a motor vehicle on all streets, highways and roadways of the City of Clairton that are approved, or hereafter approved, by the Commonwealth of Pennsylvania, Department of Transportation, in accordance with 75 Pa.C.S.A. § 3368.
[Adopted 10-14-2008 by Ord. No. 1815]
The City of Clairton, Allegheny County, Pennsylvania, hereby promulgates the following guidelines to be followed by City police officers when making a warrantless arrest under Section 8902 of Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902.
Prior to making a warrantless arrest under Section 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:
The officer has probable cause to believe that one of the four listed offenses under Section 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;
That the defendant's conduct is ongoing;
That the conduct constituting the offense is within the officer's view; and
The conduct imperils the personal security of any person or endangers public or private property.
After making a warrantless arrest pursuant to Section 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.