234 Pa. Code r. 507

Current through Register Vol. 54, No. 45, November 9, 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

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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 PennsylvaniaComplaint/Affidavit/Application of:
vs.
Charge:
____________
____________ Police Number: ______________________________________
____________ Police Department: ______________________________________
Occurrence Date: ______________________________________Time: ___ Location: ______________________________________

SUMMARY OF FACTS AND PROBABLE CAUSE

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______________________________________

CLEAN/NCIC check reveals no outstanding warrants.

Date: ____________ Source of Information: ____________

REASON(S) FOR DISAPPROVAL

(Please check appropriate reason)

IC = Insufficient CorroborationUV = Unavailable or Uncooperative Victim
IE = Insufficient EvidenceWC = Witness Credibility/Contradicted
II = Identification InconclusiveID = Inadequate Description of Persons, Premises, or Property
IJ = Interest of JusticeNS = 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: ______________________________________

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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 r. 507

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