234 Pa. Code § 507

Current through Register Vol. 54, No. 17, April 27, 2024

Rule 507 - Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth-Local Option

(A) The district attorney of any county may require that criminal complaints, arrest warrant affidavits, or both filed in the county by police officers, as defined in these rules, have the approval of an attorney for the Commonwealth prior to filing.

(B) If the district attorney elects to proceed under paragraph (A), the district attorney shall file a certification with the court of common pleas, which certification shall state whether prior approval of police complaints, or arrest warrant affidavits, or both shall be required, shall specify which offenses or grades of offenses shall require such prior approval, and shall also specify the date such procedure is to become effective. The court of common pleas shall thereupon promulgate a local rule in the following form, setting forth the offenses or grades of offenses specified in the certification and stating whether prior approval of police complaints, arrest warrant affidavits, or both shall be required:

RULE . APPROVAL OF POLICE (COMPLAINTS)

(ARREST WARRANT AFFIDAVITS)

(COMPLAINTS AND ARREST WARRANT AFFIDAVITS)

BY ATTORNEY FOR THE COMMONWEALTH.

The District Attorney of County having filed a certification pursuant to Pa.R.Crim.P. 507, (criminal complaints) (arrest warrant affidavits) (criminal complaints and arrest warrant affidavits) by police officers, as defined in the Rules of Criminal Procedure, charging

______________________________________

shall not hereafter be accepted by any judicial officer unless the (complaint) (affidavit) (complaint and affidavit) has the approval of an attorney for the Commonwealth prior to filing.

(C) If an attorney for the Commonwealth disapproves a police complaint, arrest warrant affidavit, or both, the attorney shall furnish to the police officer who prepared the complaint, affidavit, or both a written notice of the disapproval, in substantially the following form, and the attorney shall maintain a record of the written notice.

D. A. File Number ____________

COMMONWEALTH OF PENNSYLVANIA

____________ COUNTY

NOTICE AND RECORD OF DISAPPROVAL

Commonwealth of Pennsylvania	Complaint/Affidavit/Application of:
vs.
Charge:
____________
____________	Police Number: ______________________________________
____________	Police Department: ______________________________________
Occurrence Date: ______________________________________	Time: ___ Location: ______________________________________

SUMMARY OF FACTS AND PROBABLE CAUSE

______________________________________

CLEAN/NCIC check reveals no outstanding warrants.

Date: ____________ Source of Information: ____________

REASON(S) FOR DISAPPROVAL

(Please check appropriate reason)

IC = Insufficient Corroboration	UV = Unavailable or Uncooperative Victim
IE = Insufficient Evidence	WC = Witness Credibility/Contradicted
II = Identification Inconclusive	ID = Inadequate Description of Persons, Premises, or Property
IJ = Interest of Justice	NS = Insufficient Cause for Nighttime Search
IS = Inadmissible Evidence
IP = Insufficient Probable Cause
LP = Lacks Prosecutorial Merit
UW = Unavailable or Uncooperative Witness
LJ = Lacks Jurisdiction

Other: ______________________________________

______________________________________

DISAPPROVED BY: _________________________

ATTORNEY FOR COMMONWEALTH

DATE: ____________

(D) No defendant shall have the right to relief based solely upon a violation of this rule.

234 Pa. Code § 507

The provisions of this Rule 507 amended February 26, 2010, effective 4/1/2010, 40 Pa.B. 1397.