Township of Muhlenberg, PA Article III Warrantless Arrests

§ 66-3 Statutorily permitted warrantless arrest.

In addition to any other statutorily permitted warrantless arrest, officers of the Muhlenberg Township Police Department shall, upon view, have the right to 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:

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.

§ 66-4 Procedure following arrest without warrant.

When a defendant has been arrested without a warrant for a summary offense, police officers shall comply with the requirements of the applicable Pennsylvania Rules of Criminal Procedure governing the procedure following arrest without a warrant, which as of the date of enactment of this chapter provide the following procedure:

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

B. Release of defendant.

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

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

(b) The arresting officer has reasonable grounds to believe that the defendant will appear as required.

(2) 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 405-409, as if the proceedings had been instituted by issuing a citation to the defendant.

C. When the defendant has not been released from custody under Subsection B:

(1) The defendant shall be taken without unnecessary delay before the issuing authority when available pursuant to Pennsylvania Rules of Criminal Procedure, Rule 117, where a citation shall be filed against the defendant, and:

(a) The defendant shall enter a plea.

(b) If the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the defendant shall be given an immediate trial, unless:

[1] The commonwealth is not ready to proceed, or the defendant requests a postponement or is not capable of proceeding, and in any of these circumstances, the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial; or

[2] 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.

(2) If the defendant is under 18 years of age and cannot be given an immediate trial, the issuing authority promptly shall notify the defendant and defendant's parents, guardian, or other custodian of the date set for the summary trial and shall release the defendant on his or her own recognizance.

§ 66-5 Compliance with statutes.

In the event that the Commonwealth of Pennsylvania either amends 42 Pa.C.S.A. § 8902 or the Pennsylvania Rules of Criminal Procedure are amended as the same may relate to either an arrest without warrant or the procedure to be followed after an arrest without warrant is made, the police officers of the Township of Muhlenberg shall comply with the then-existing amended or updated rule or statute.

§ 66-6 Intent.

This article is not intended to modify, restrict or otherwise prohibit a police officer of the Township of Muhlenberg from making any other warrantless arrests for summary offenses where such arrests have been expressly authorized by either statute or Rules of Criminal Procedure.