Citation issuance procedure

[rch105]

What is the name of your state? PA
My 18 year old son and a friend were confronted by local borough police officers after riding their BMX bicycles at the borough's "skatepark". This was their 1st time that they were at this location. A large sign at the entrance to the fenced enclosed park indicated that only skaters were allowed in (meeting the borough's liability demands), that no "mountain bikes" were permitted, and trespassing rules applied. Apparently a discussion ensued between the boys and the officers, perhaps even to the officer's opinion that they were disrespectful, however they, after explaining their side, left the area immediately and did not return. That same evening I was told of the incident and the next day at noon, spoke to the Chief of Police who told me that he saw no report or evidence of any citations being issued. Previous to the conversation with the Chief, my son confirmed that their names were taken and a comment from one of the officers that they would get something in the mail. The Chief explained he would talk to the two officers when they came in later that day. I assured the Chief that I would take any action necessary with my son, be it an apology or whatever. Four days later my son received a certified envelope containing a citation for Criminal Trespass section 3503, subsection b1ii. Since there were no special circumstances knownas to why the citation wasn't issued on scene, am I correct in thinking there was a procedure problem. What Rule does this violate? Help and Thanks!
RCH105

[racer72]

I don't know of any laws, statutes, rules, or anything that would suggest the citations were issued improperly. Depending on the situation, the officers did not have all the info they needed, they returned to the station, confirmed that a valid violation of the law existed and issued the citations. There are no laws that state citations must be issued at the time of the violation.

[rch105]

I've been told that in PA there are Rules of Criminal Procedure, possibly Rule 410, that requires an officer to cite, on scene, the violation, and that only under special circumstances, such as a motor vehicle accident, or an incident where there is incomplete or an identification problem can they not issue it. This was not the case. They had no other calls, the officer used the state's Crimes code, and they had all the info they needed - a driver's license, a vehicle (his truck), insurance card, and insurance card. Anyone else help?
Thanks!!

[url]http://members.aol.com/RulesPA/Crim.Cp.4.html[/url]

RULE 410. Filing of Citation.

When it is not feasible to issue the citation to the defendant or when evidence is discovered after the issuance of a citation that gives rise to additional summary charges against the defendant resulting from the same incident, a law enforcement officer shall institute a criminal proceeding in a summary case by filing a citation with the proper issuing authority.


Based solely on your facts, it looks like the citation was issued correctly.

[Bravo8]

That rule provides for the issuing officer to file the citation with the Magistrate. It does not specifically prohibit the filing of a citation after the contact.

One could argue that the officer would have to show that it was not "feasible" to issue the citation at the time of contact, but the officer can easibly articulate the reason. It could be something as simple as the officer not memorizing the verbage of the statute, and having to return to the office to find the proper section.

Originally Posted by Bravo8

That rule provides for the issuing officer to file the citation with the Magistrate. It does not specifically prohibit the filing of a citation after the contact.

One could argue that the officer would have to show that it was not "feasible" to issue the citation at the time of contact, but the officer can easibly articulate the reason. It could be something as simple as the officer not memorizing the verbage of the statute, and having to return to the office to find the proper section.

I agree**************...