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

May 14, 2021 | Criminal Procedure, Pennsylvania

(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 ยง 507

Committee Explanatory Reports:

Report explaining the August 9, 1994 amendments published at 22 Pa.B. 6 (January 4, 1992) ; Final Report published with the Court’s Order at 24 Pa.B. 4325 (August 27, 1994) .

Final Report concerning the October 8, 1999 Comment revision published with the Court’s Order at 29 Pa.B. 5505 (October 23, 1999) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .

Final Report explaining the February 26, 2010 revision of the Comment revision regarding electronic approval published with the Court’s Order at 40 Pa.B. 1397 (March 13, 2010) .