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Pursuant to 42 Pa.C.S.A. § 8902, effective 1-17-1996, municipalities in Pennsylvania may allow police departments the right of arrest without a warrant for certain summary offenses (i.e., disorderly conduct, public drunkenness, etc.), under certain circumstances and upon probable cause. Guidelines for the actions of the police officers must be set forth. If your municipality is interested in reviewing legislation on this subject, read on.

Arnold, C., PA

[HISTORY: Adopted by the City Council of the City of Arnold 8-6-1996 by Ord. No. 4-1996. Amendments noted where applicable.]

§ 230-1. Right of arrest.

1. Pursuant to 42 Pa. C.S.A. § 8902, effective January 17, 1996, a police officer shall, upon view, have the right of arrest without a warrant for certain summary offenses, upon probable cause, when there is ongoing conduct that imperils the personal security of any person or endangers public or private property provided such arrests are authorized by rules promulgated by the governmental body employing the police office.
2. If a police officer has probable cause to believe that there is a violation of one or more 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.
3. The four summary offenses pursuant to Title 18 as follows:

18 Pa. C.S.A.	§ 5503 Disorderly conduct
18 Pa. C.S.A.	§ 5505 Public drunkenness
18 Pa. C.S.A.	§ 5507 Obstructing highways and other public passages
18 Pa. C.S.A.	§ 6308 Purchase, consumption, possession or transportation of liquor or malt or brewed beverages

§ 230-2. Additional procedures.

(a) 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). (b) 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:

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

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

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

(4) 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 RULE 55-59 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 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:

(1) 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

(2) the defendant's criminal record must be ascertained before trial as specifically required by statute for purposes of grading the offenses charged, in which event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for the trial, which shall be 'after the issuing authority's receipt of the required information.

§ 230-3. Amendments to statutory provisions.

The Council recognized that Rule 71 and 42 Pa. C.S.A. § 8902 may be amended from time to time. It is the intention of the Council that the police officers follow the terms of the rule or statute that is currently in effect as of the date of the arrest, whether or not these guidelines have been formerly amended to comply with any rule or statute changes.

§ 230-4. Effect on other authorized arrests.

It is not the intention of the Council to modify, restrict or otherwise prohibit a police officer of the City of Arnold from making other warrantless arrests for summary offenses where such arrests have been expressly authorized by any other rule or statute.

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