124 Promulgation of local rule L. Crim. P. 202 and L. Crim. P. 507; no. 43-2001  

  • PIKE COUNTY

    Promulgation of Local Rule L.Crim.P. 202 and L.Crim.P. 507; No. 43-2001

    [31 Pa.B. 535]

    Order

       And Now, this 11th day of January, 2001, the Court hereby Orders the adoption of L.Crim.P. 202 Approval of Search Warrant Applications by Attorney for the Commonwealth and L.Crim.P. 507 Approval of Police Complaints And Arrest Warrant Affidavits By Attorney For The Commonwealth effective thirty (30) days after publication in the Pennsylvania Bulletin.

       The Pike County Prothonotary is directed to:

       File seven (7) certified copies of the Rule with the Administrative Office of Pennsylvania Courts; Distribute two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and File one (1) certified copy with the Criminal Procedural Rules Committee of the Pennsylvania Supreme Court.

    By the Court

    HAROLD A. THOMSON, Jr.,   
    President Judge

    L.Crim.P. 202.  Approval of Search Warrant Application by Attorney for the Commonwealth.

       The District Attorney having filed a certification, Search Warrants in all circumstance shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an Attorney for the Commonwealth, prior to filing.

    L.Crim.P. 507.  Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

       The District Attorney having filed a certification, the approval by an Attorney for the Commonwealth is required prior to the filing of a criminal complaint and arrest warrant affidavit in the County of Pike, by any police officer charging any of the following offenses:

       1.  Criminal Homicide in violation of 18 Pa.C.S. Section 2501;

       2.  Murder in any degree in violation of 18 Pa.C.S. Section 2502;

       3.  Voluntary Manslaughter in violation of 18 Pa.C.S. Section 2503;

       4.  Involuntary Manslaughter in violation of 18 Pa.C.S. Section 2504;

       5.  Drug Delivery Resulting in Death in violation of 18 Pa.C.S. Section 2506;

       6.  Any offense set forth in Chapter 26 of the Pennsylvania Crimes Code (relating to Crimes Against Unborn Child);

       7.  Kidnapping in violation of 18 Pa.C.S. Section 2901;

       8.  Interference with the Custody of Children in violation of 18 Pa.C.S. Section 2904;

       9.  Concealment of the Whereabouts of a Child in violation of 18 Pa.C.S. Section 2909;

       10.  All felony offenses set forth in Chapter 31 of the Pennsylvania Crimes Code (relating to Sexual Offenses);

       11.  Arson and related Offenses in violation of 18 Pa.C.S. 3301;

       12.  Causing or Risking Catastrophe in violation of 18 Pa.C.S. Section 3302;

       13.  Robbery in violation of 18 Pa.C.S. Section 3701;

       14.  Robbery of Motor Vehicle in violation of 18 Pa.C.S. Section 3702;

       15.  Incest in violation of 18 Pa.C.S. section 4302;

       16.  All offenses set forth in chapter 57 of the Pennsylvania Crimes Code (relating to Wiretapping and Electronic Surveillance);

       17.  Sexual Abuse of Children in violation of 18 Pa.C.S. Section 6312;

       18.  Corrupt Organizations in violation of 18 Pa.C.S. Section 911;

       19.  Possession of a Weapon on School Property in violation of 18 Pa.C.S. Section 912;

       20.  Accidents Involving Death or Personal Injury (if the officer has reason to believe that the victim has suffered or may suffer serious bodily injury as defined in the statute, or death) in violation of 75 Pa.C.S. Section 3742;

       21.  Homicide by Vehicle in violation of 75 Pa.C.S. Section 3732;

       22.  Homicide by Vehicle while Driving Under Influence in violation of 75 Pa.C.S. Section 3735;

       23.  Aggravated Assault by Vehicle while Driving Under the Influence in violation of 75 Pa.C.S. Section 3735.1;

       24.  Criminal Attempt, Criminal Solicitation, or Criminal Conspiracy in violation of 18 Pa.C.S. Sections 901, 902, and 903 respectively, when the crime attempted, solicited, or is the object of the conspiracy, requires prior approval.

    [Pa.B. Doc. No. 01-124. Filed for public inspection January 26, 2001, 9:00 a.m.]

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