Clifton Heights passes resolution to clarify warrantless-arrest rules
The Clifton Heights Borough Council on Nov. 18 approved a resolution that would establish guidelines governing when police officers are permitted to arrest someone without a warrant.
“We believe that Clifton Heights had adopted this sometime after 1995, but we don’t have a good record of when,” Borough Solicitor John McBlain said. The borough decided to draft a new resolution after the district attorney reached out to police departments to “make sure that they have this in place.”
The Pennsylvania Legislature passed Act No. 25 of 1995 in November of that year, allowing officers in the state to arrest an individual “when there is ongoing conduct that imperils the personal security of any person or endangers public or private property.” In practice, the statute allows police to make a warrantless arrest to diffuse violent situations such as domestic disputes or a fight outside a bar by removing “one of the combatants” from the scene, McBlain said.
“The police would then bring them back to the police station…and presumably they would have to do one of two things: either release them or bring them before a magistrate right away, and the magistrate would have to rule at that point in the case,” McBlain explained. Most of the time, the person in question would receive a citation for disorderly conduct, he added.
McBlain noted that in addition to the state law that governs such a situation, there’s a rule of criminal procedure that governs what happens after a person is arrested without a warrant, in order to protect their rights.
“So, to the extent that anybody hears, ‘Oh, we’re authorizing warrantless arrests,’ it’s not anything that hasn’t already been in place, nor is it a new tactic in order to increase arrests or anything like that,” McBlain said. “It is something that is utilized by all municipalities,” he added, and Clifton Heights is doing “some house cleaning” to ensure the correct guidelines are on the books.
Also during the Nov. 18 meeting, borough council members approved the purchase of a $30,000 refurbished ladder rack for a previously purchased van that is used to fix and rehang VFW “heroes flags” throughout the community that honor veterans. Those flags frequently need maintenance since Clifton Heights is very windy, Borough Manager Thomas Micozzie explained, and it is both expensive and logistically challenging to have contractors fix/rehang the flags.
In addition to the purchase of the refurbished ladder, the council approved travel expenses of up to $2,000 for two council members to travel to Minnesota to bring back the newly retrofitted van.
During the public comment portion of the meeting, Robert Baxter of Harrison Avenue complained that speeding in some neighborhoods is “rampant” and expressed concern for children’s safety. Police Chief Tim Rockenbach said his department is “out there enforcing what we can” while taking care of other priorities, and Micozzie said rumble strips will be rolled out in select neighborhoods soon to let people know if they’re going too fast. He also pointed out that construction is also causing people to drive on streets they normally don’t travel and adding to speeding concerns — an issue that will be resolved when construction work ceases.
