PART B(1). Procedures When Citation Is Issued to Defendant
Rule 405. Issuance of Citation.
When a criminal proceeding in a summary case is instituted by issuing a citation to the defendant:
(1) the law enforcement officer who issues the citation shall exhibit an official sign of the officers authority; and
(2) the law enforcement officer contemporaneously shall give the defendant a paper copy of the citation containing all the information required by Rule 403.
A law enforcement officer may prepare, verify, and transmit a citation electronically.
A law enforcement officer may issue a citation based upon information that the defendant has committed a summary violation, which information may be received from a personal observation of the commission of the offense; a witness; another police officer; investigation; or speed-timing equipment, including radar. Contrast Commonwealth v. Hatfield, 453 A.2d 671 (Pa. Super. 1982), decided before the adoption of previous Rule 70 (Defects in Form, Content, or ProcedureSummary Cases) and the 1983 revision of the previous Comment.
It is preferable that a law enforcement officer making a stop for a traffic violation be in uniform.
The use of a field acknowledgment of guilt pursuant to Section 926 of the Game and Wildlife Code, 34 Pa.C.S. § 926, and Section 925 of the Fish and Boat Code, 30 Pa.C.S. § 925, should not be construed as the issuance of a citation for the purpose of instituting a summary case under these rules. See Rule 410.
Previous rule, originally numbered Rule 135, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 55 September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 58. Present Rule 55 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; Comment revised February 11, 1989, effective July 1, 1989; Comment revised January 16, 1996, effective immediately; renumbered Rule 405 and Comment revised March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
Report explaining the January 16, 1996 Comment revisions published with the Courts Order at 26 Pa.B. 437 (February 3, 1996).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Courts Order at 30 Pa.B. 1478 (March 18, 2000).
Final Report explaining the February 6, 2003 amendments concerning issuance of citations published with the Courts Order at 33 Pa.B. 973 (February 22, 2003).
The provisions of this Rule 405 amended February 6, 2003, effective July 1, 2003, 33 Pa.B. 969. Immediately preceding text appears at serial pages (264183) to (264184).
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