Friday, June 6, 2008

Questions for F & M Security Officers

Did Security Officers ascertain from the employee of F & M at what locations the person had witnessed Ron Harper, Jr. and whether Harper was or was not in the public Right-Of-Way before rushing across the street to throw Harper to the ground and place him under arrest?

(It seems unlikely that the party would recognize or understand the significance of the boundary with the Public Road Right-Of-Way.)

When Lancaster Post editor Chris Hart Nibbrig was placed under arrest and taken to the campus Security Office, what had he done that falls under any of the following categories from the State Code?

According to the State Code:

PART VIII. CRIMINAL PROCEEDINGS
CHAPTER 89. COMMENCEMENT OF PROCEEDINGS
SUBCHAPTER A - GENERAL PROVISIONS

§ 8902. Arrest without warrant.

(a) General rule.--For any of the following offenses, a police officer shall, upon view, have the right of arrest without warrant upon probable cause when there is ongoing conduct that imperils the personal security of any person or endangers public or private property:

Under Title 18 (relating to crimes and offenses) when such offense constitutes a summary offense:

18 Pa.C.S. § 5503 (relating to disorderly conduct).
18 Pa.C.S. § 5505 (relating to public drunkenness).
18 Pa.C.S. § 5507 (relating to obstructing highways and other public passages).
18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).

Violation of an ordinance of a city of the second class.

(b) Guidelines by governmental body.--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.