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Solicitor circulates resolution to authorize warrantless arrests in limited summary-offense cases

November 06, 2025 | Clifton Heights, Delaware County, Pennsylvania


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Solicitor circulates resolution to authorize warrantless arrests in limited summary-offense cases
Solicitor McLean said he circulated a proposed resolution at the start of the meeting that implements a 1995 state law allowing police officers to make arrests without a warrant in narrowly defined summary-offense situations, at the request of Police Chief Rakenbach.

The resolution, McLean said, is intended to let an officer who arrives at an ongoing disturbance — for example, people fighting or someone issuing threats — separate individuals and reduce the risk of escalation. He described the statute's scope to cover certain summary offenses including disorderly conduct, public drunkenness, obstructing highways and some offenses tied to malt or other alcoholic beverage consumption or transportation.

McLean emphasized procedural safeguards in Pennsylvania Rule of Criminal Procedure 71. "Following the arrest, the officer shall satisfy the procedure set forth in Pennsylvania Rule of Criminal Procedure 71," he said, summarizing two outcomes: either the person is released and a citation is issued by mail if they are no longer a threat, or, if still violent, the person must be brought immediately before a magistrate for further processing and bond. "Those are the safeguards," McLean said.

The solicitor told council he believes Clifton Heights adopted a similar policy in the past but that no written record could be located and asked the council to re-adopt the policy in writing. McLean offered to provide copies of the 1995 law and Rule 71 to council members for review.

No formal action was recorded on the resolution in the transcript provided. McLean framed the measure as a targeted tool for officers to defuse active disturbances while noting the post-arrest protections required by Rule 71.

Authorities referenced in the discussion were identified by McLean and are included below; the solicitor said the borough would provide copies of the statute and the rule to council members for review.

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