Tameside Metropolitan Borough Council v C & Ors [2021] EWHC 1814 (Fam)
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Third Circuit: District Court properly dismissed Jenkintown mayoral candidate s suit against Borough officials
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Mark Remy, Borough Solicitor, brought forth a solution to adopt guidelines for warrantless summary arrests, specifically: disorderly conduct, public drunkenness, obstructing highways, and crimes relating to the purchase of liquor or malt beverages. “These warrantless arrests are only allowed if the governing body, the municipality, adopts standards for them. The purpose of this resolution is for you to adopt your standards for warrantless arrests for those crimes so your police force can make those arrests.”
Although the state grants these arrests under Pennsylvania Consolidated Statues Title 42- Chapter 89 – Section 8902, however 8902(b) states: “The right of arrest without warrant under this section shall be permitted only after the governmental body employing the police officer promulgates guidelines to be followed by a police officer when making a warrantless arrest under this section.”