Constable

For other uses, see Constable (disambiguation).

A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.

Etymology

Historically, the title comes from the Latin comes stabuli (count of the stables) and originated from the Eastern Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch. The title was imported to the monarchies of medieval Europe, and in many countries developed into a high military rank and great officer of State (e.g., the Constable of France).

Most constables in modern jurisdictions are law enforcement officers; in the United Kingdom, Commonwealth of Nations and some European countries, a constable is the lowest rank of police officer, while in the United States a constable is generally an elected peace officer with lesser jurisdiction than a sheriff. However, in the Channel Islands a constable is an elected office-holder at the parish level.

Historically, a constable could also be someone in charge of the defence of a castle. Even today, there is a Constable of the Tower of London.

The equivalent position is that of Marshal.

Historical usage

Medieval Armenia and Georgia

The titles of sparapet and spaspet, derived from the ancient Iranian spahbod, were used to designate the supreme commander of the armed forces in the medieval kingdoms of Armenia and Georgia, respectively.

Byzantine Empire

The position of constable originated from the Byzantine Empire; by the 5th century AD the comes stabuli, or count of the stable, was responsible for the keeping of horses at the imperial court. Later on, the position became a high military office.

Byzantine administrative structures were largely adopted by Charlemagne in developing his empire; the position of Constable, along with the similar office of Marshal, spread throughout the emerging states of Western Europe during this period. In most medieval nations, the constable was the highest-ranking officer of the army, and was responsible for the overseeing of martial law.

France

Main article: Constable of France

The Constable of France (Connétable de France), under the French monarchy, was the First Officer of the Crown of France and was originally responsible for commanding the army. His symbol of office was a sword in a sheath of royal blue. Some constables were prominent military commanders in the medieval period, such as Bertrand du Guesclin who served from 1370 to 1380.

United Kingdom

See also: Lord High Constable and Parish constable

The office of the constable was introduced in England following the Norman Conquest of 1066 and was responsible for the keeping and maintenance of the king's armaments and those of the villages as a measure of protecting individual settlements throughout the country.

The office of Lord High Constable, one of the Great Officers of State, was established in England and Scotland during the reign of King Stephen (1135-1154) and was responsible for the command of the army. The term was also used at the local level within the feudal system however, describing an officer appointed to keep order. One of the first descriptions of the legal role of a constable comes from Bracton, a jurist writing between 1220 and 1250:

In whatever way they come and on whatever day, it is the duty of the constable to enroll everything in order, for he has record as to the things he sees; but he cannot judge, because there is no judgment at the Tower, since there the third element of a judicial proceeding is lacking, namely a judge and jurisdiction. He has record as to matters of fact, not matters of judgment and law.

In Bracton's time, anyone seeing a "misdeed" was empowered to make an arrest, whether or not they were a constable. The role of the constable in Bracton's description was as the "eyes and ears" of the court, finding evidence and recording facts on which judges could make a ruling. By extension, the constable was also the "strong arm" of the court (i.e., of the common law), marking the basic role of the constable that continues into the present-day.

In 1285, King Edward I of England passed the Statute of Winchester, which "constituted two constables in every hundred to prevent defaults in towns and highways". There are records of parish constables by the 17th century in the county records of Buckinghamshire; traditionally they were elected by the parishioners, but from 1617 onwards were typically appointed by justices of the peace in each county.

The system of policing by unpaid parish constables continued in England until the 19th century; in the London metropolitan area it was ended by the creation of the Metropolitan Police in 1829, and outside London by the County Police Act 1839, which allowed counties to establish full-time professional police forces. However, the term "constable" was still used by officers of the new police forces, and most outside London were headed by a chief constable. This system is still used today.

Other European nations

The position of hereditary constable persists in some current or former monarchies of Europe. The position of Lord High Constable of Scotland is hereditary in the family of the Earl of Erroll. There is also a hereditary constable of Navarre in Spain; this position is presently held by the Duchess of Alba.

Historically, many other hereditary constables existed as officers of state in former monarchies. Examples are the Constable of Castile (Condestable de Castilla) and the Constable of Portugal (Condestável do Reino).

Modern usage by country

Denmark

In the Danish armed forces the ranks "Konstabel" and "Overkonstabel" are used for enlisted soldiers, sailors and airmen. The rank is more or less equal to a private.

Finland

In the Finnish Police, the lowest rank of police officer is called nuorempi konstaapeli, translated into English as (Junior) Constable. The next rank is vanhempi konstaapeli or Senior Constable. The next highest rank (equivalent to a Police Sergeant in the English-speaking world) is ylikonstaapeli (yli- "leading"), literally "Over-Constable".

India

Constable is the lowest rank in the Indian Police Service.

Norway

In the Norwegian state police (the state police force succeeded all local police forces in 1936), the rank "konstabel" was until 2003 the lowest rank in the police, the next ranks being "overkonstabel", "betjent", "førstebetjent" and "overbetjent", all with the unhyphenated prefix "politi-". All higher ranks higher than "politioverkonstabel" are commissioned ranks requiring the law degree "juris candidatus". However, the "konstabel" and "overkonstabel" were replaced with "betjent I" and "betjent II" and "betjent" are now "betjent III".

The fire brigades (all municipal) still use "konstabel" as in "brannkonstabel" (fire-constable).

United Kingdom and the Commonwealth

Within the British Police, "Constable" is the title of the office that all police officers hold. Within each police force in the UK, Constable is the starting rank. The ranks of police officers has no impact on their police powers, as despite the rank title, all are Constables within the law. All officers, upon being sworn, become constables for a two year probationary period after which the officer can apply for promotion to the rank of Sergeant. Alternatively, the officer can choose to remain as their current rank, specialise in Criminal Investigations or become a Firearms Officer, within the Force Firearms Unit. Out of over 100,000 police officers in England, Wales and Scotland, three quarters are constables. Constables wear a blank eppaulette, with their personal identification number, some forces eppaulette's also feature the Royal Crown, or the force crest. Within London's Metropolitan Police Service, the largest territorial police force within the United Kingdom, and Strathclyde Police, the largest in Scotland, all constables have a divisional call sign as well as individual number.

As stated in the Law of the United Kingdom and similar jurisdictions, a constable has the additional legal powers of arrest and control of the public given to the officer directly by a sworn oath and warrant, rather than being delegated powers that he or she has simply because of employment as a police officer. Technically this means that each sworn constable is an independent legal official rather than simply an agent of the police. It also means that all sworn police officers of all ranks in these countries legally are constables, since it is from this office that they derive their powers.

A Constable while in training, and during the Probationary Period is paid an annual salary of £21,000 pounds, with this rising to £24,000 after training, reaching a ceiling level of £39,000.

Senior Constable can sometimes mean the head of the police force in an area, but this is not the case in the UK. In Australia it generally refers to a police officer of the rank above constable. The New South Wales Police Force has three grades of Senior Constable, namely Senior Constable (2 chevrons), Incremental Senior Constable (2 chevrons and a bar) and Leading Senior Constable (2 chevrons and 2 bars). However Leading Senior Constable is not a rank per se, rather it is a temporary "training" position and is not senior to Incremental Senior Constable.

Head Constable is the title for a police sergeant in some Commonwealth police forces. It was also previously the title for a head of a police force, until it was changed to Chief Constable.

For more information see British Police, and the ranking systems.

Canada

In Canada, as in the United Kingdom, Constable (translated to Canadian French as Gendarme) is the lowest rank in most police services, including the Royal Canadian Mounted Police.

In addition, the chief officers of some municipal police services in Canada, notably Vancouver Police Department, carry the title of Chief Constable. Provincial Civil Constables deal with matters of a civil nature.

Channel Islands

In Jersey and Guernsey, the elected heads of the Parishes are titled "constables" (connétables in French). The constables are entitled each to carry a silver-tipped baton of office.

In Jersey, each parish elects a constable for a three year mandate to run the parish and also represent the parish in the legislature, the States of Jersey. The constable presides over the Roads Committee, the Conseil Paroissial (except St. Helier) and Parish Assemblies. The twelve constables also collectively sit as the Comité des Connétables. The constable is the titular head of the Honorary Police. With the Roads Inspectors, Roads Committee and other officers, the constable of each parish also carries out the visites du branchage twice a year.

In Guernsey, each parish elects two constables, the senior constable and the junior constable. Persons elected generally serve a year as junior and then senior constable. The senior constable presides over the Douzaine that runs the parish. The constables are responsible for enforcing the brancage (summer hedge-cutting) and also have the power to declare any parishioner insane.

United States

In the United States, there is no consistent use of the office of constable across the states, and use may vary even within a state. A constable may merely be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. Or, they may be fully empowered law enforcement officers. They may also have additional specialized duties unique to the office. In some states, a constable may be appointed by the judge of the court which he or she serves; in others the constable is an elected or appointed position at the village, precinct or township level of local government.

The office developed from its British counterpart during the colonial period. Prior to the modernization of law enforcement which took place in the middle 19th century, local law enforcement was performed by constables and watchmen. Constables were appointed or elected at the local level for specific terms and, like their UK counterparts the Parish Constable, were not paid and did not wear a uniform. However, they were often paid a fee by the courts for each writ served and warrant executed. Following the example of the British Metropolitan Police established in 1829, the states gradually enacted laws to permit municipalities to establish police departments. This differed from the UK in that the old system was not uniformly abolished in every state. Often the enacting legislation of the state conferred a police officer with the powers of a constable, the most important of these powers being the common law power of arrest. Police and constables exist concurrently in many jurisdictions. Perhaps because of this, the title "constable" is not used for police of any rank. The lowest rank in a police organization would be officer, deputy, patrolman, trooper, and historically, private, depending on the particular organization.

In many states, constables do not conduct patrols or preventive policing activities. In such states the office is relatively obscure to its citizens.

A constable may be assisted by deputy constables as sworn officers or constable's officers as civil staff, usually as process servers. In some states, villages or towns, an office with similar duties is marshal.

Alabama

In Alabama, a constable is traditionally elected in each precinct, a subdivision of a county. Constables are peace officers and have full powers of arrest, stop and search within their county. They are generally responsible for serving warrants and acting as process servers, as well as patrolling the streets and providing security for civic events. They are not funded from general tax revenues; instead, constables' fees are paid by the criminals they arrest.

In Mobile County, all constables are required to complete law enforcement training, except for those currently in office who are grandfathered in. In some other counties, the office of constable has been largely abandoned.

Arizona

In Arizona, a constable is an elected officer of the county for the Justice of the Peace Court and must live in the precinct to which they are elected. The constable serves a four year term and has similar powers and duties to sheriffs.

In Arizona law, the authority of constables is defined by Arizona Revised Statutes Title 22, Section 131. Constables have the same powers as sheriffs, but their primary responsibility is the service of process for the Justice of the Peace courts, serving summons subpoenas, and perform orders, injunctions, and writs. Constables must undergo training, and their expenses are paid by the county board of supervisors. Constables receive a salary from their respective counties based on the number of registered voters who reside in their precinct. Constables are peace officers but in Arizona do not regularly perform police functions such as patrol and criminal investigations. Although Constables do not regularly perform police functions, some Constables and Deputy Constables are certified officers by this state and take enforcement action when necessary.

Arkansas

In Arkansas, a constable is an elected office at the township level, although Constables are considered county officers. The office of Constable, which is a partisan office, is guaranteed by the 1874 Constitution of Arkansas, which provides for the election of a constable in each township for a two-year term. Constables are peace officers with full police powers.

California

Historically, constables in California were attached to the justice courts, the lowest tier of the state court system (whereas sheriffs were attached to the county superior courts, and marshals to the municipal courts). When the state courts were unified in 2000, with the superior court fulfilling all judicial functions, the need for the position of constable was eliminated. The few constables that remained on duty when the state courts were reorganized in 2000, even in remote regions of the state, were eventually absorbed into sheriff or police agencies. Constables as such had full police powers and carried out occasional to frequent patrol work in addition to their paper serving duties, and were attached to the former justice courts, and were either elected by popular vote or appointed by the presiding judge of the county's supreme court.

Connecticut

There are two types of constables in Connecticut.

Special Constables are appointed by Towns. In general, they are appointed to serve as police officers and expected to have or complete the requirements of the Police Officer Standards & Training Council in order to do so. Special Constables normally work under the supervision of a Resident State Trooper contracted by the town (a requirement of the Connecticut State Police if the Town wishes their Constables to be dispatched by the State Police or have access to the radio and computer system of the State Police). The system of Resident State Trooper and Constables is used by many medium sized towns as a cost effective way of providing increased police patrols while the State Police retain primary responsibility to provide additional levels of supervision, dispatch, Detective, and other specialized services.

Constables who are elected officials are generally limited to serving civil process within the town they are elected by. Elections are held every two years, except communities which by local ordinance or charter have set the term of office at four years. While a small number of towns will also allow the Constables to perform traffic control and event security functions, most strictly prohibit their Constables from acting in any official capacity on behalf of the Town. The authority to act as a law enforcement officer by nature of their office was removed in 1984, at which time they became subject to the Police Officer Standards & Training Council requirements. In 1984 these requirements were for 480 hours of training, which could be completed in 120 hour long "blocks" which were offered as part-time evening classes. With completion of each block came expansion of the types of law enforcement the officer could perform. While it was never common after 1984 to have elected Constables with law enforcement powers, there were a few who did complete certification. As of 2007, POST requirements of 680 hours of training provided on a full-time basis for new officers, followed by 400 hours of training provided by a certified Field Training Officer make completing the requirements to be a law enforcement officer impractical for elected Constables.

Historically, Constables had been the key office for providing law enforcement in rural Connecticut. Connecticut never developed a strong institution of County Sheriffs providing general police services. From colonial times through the 1940s, Town Constables would work with two other Town officials -- the Investigating Grand Juror and Prosecuting Grand Juror -- in the initial handling of criminal investigations, arrests, and the "binding over" of serious crimes from the Town's Justice Court to a higher court. A series of reforms in regulations, statutes, and the state Constitution in the 1950s and 1960s removed the involvement of towns in these matters. In towns without a local Police Chief, investigations became the exclusive responsibility of the State Police, while State Prosecutors took over the prosecution of cases, and the court system was flattened by the elimination of courts with criminal venue below the level of the Superior Court.

Delaware

Transplanted from England to Delaware in the early colonial period, the constable's main responsibilities were keeping the peace, serving the courts, and executing court orders and process. Under the Duke of York's government the constable was elected from one of four overseers of the town or parish. He had the responsibility to pursue and apprehend offenders and bring them before the justice of the peace, whip, or punish offenders by order of the court, take bail for a person arrested, help to settle estates, and keep proper accounts of fines collected. Legislation relating to constables does not appear in the Delaware Laws until 1770. This act required constables at the end of their terms to return the names of three freeholders to the Court of General Sessions, who then appointed one to serve the next year. At least one constable was appointed for each hundred, and appointees had to be residents of the hundred in which they served. After 1832 the Levy Court of each county appointed the constables, although the Governor could also fill appointments if Levy Court was in recess. The constable had a number of duties, many of which continue today. He executed all orders, warrants, and other process directed by any court, judge, or justice of the peace; ensured that the peace of the State be kept; arrested all persons committing riot, murder, theft, or breach of the peace, and carried them before a justice of the peace; attended elections to ensure that the peace be kept; and enforced the laws of the State.

(1) Justice of the Peace court constables are appointed by the Chief Magistrate. The constables duties include execution of court orders, writs and warrants, serving summonses and subpoenas, collecting debts and fines, and providing courtroom security.

(2) Any non-profit corporation, civic association, or governmental entity which has buildings and grounds open to the public may request for the appointment of constables to serve as law enforcement officers in order to protect life and property. The Board of Examiners shall appoint and commission such numbers of constables as it deems necessary to preserve the peace and good order of the State. To be approved by the Board of Examiners, a constable must meet the minimum standards established by the Council on Police Training. The constable shall exercise the same powers as police officers while in the performance of the lawful duties of their employment.

(3) Code enforcement constables are appointed by any county or municipal Chief Executive with limited authority to enforce only ordinances pertaining to building, housing, sanitation, or public health codes.

Georgia

In Georgia, constables are court officers whose powers and duties are: (1) To attend regularly all sessions of magistrate court; (2) To pay promptly over money collected by them to the magistrate court; (3) To execute and return all warrants, summonses, executions, and other processes directed to them by the magistrate court; and (4) To perform such other duties as are required of them by law or as necessarily appertain to their offices.

Idaho

The office of constable was first established in Idaho in 1887; constables originally attended the Justice of the Peace courts and were officers of a precinct. Although the Idaho Statutes still provide for the appointment of election constables to keep order during elections (Title 34, Chapter 11) and define constables as peace officers,, the position was effectively eliminated in 1970, when the Idaho Legislature's Election Reform Act removed all provisions for the appointment of constables. As such, there are no longer any constables serving in Idaho.

Kentucky

In Kentucky, constables are elected from each magistrate district in the state. There are between three and eight magistrate districts in each county. Under Section 106 of the Kentucky Constitution, constables have the same countywide jurisdiction as the county sheriff.

Prior to the 1970s, the main function of the constables was to provide court service and security to the Justice of the Peace courts. However, since these have been eliminated by judicial reform, the office of constable now has few real functions. Constables still have the power of arrest and to execute warrants, subpoenas, summonses and other court documents, and are required to execute any court process given to them. On the approval of the Fiscal Court (the legislature of the county) they may equip their vehicles with oscillating blue lights and sirens.

Most constables in Kentucky are not paid a salary, but are paid fees for services rendered. However, state law provides for payment of an annual salary of $9,600 to constables in counties with a population of over 250,000; as of the 2000 U.S. Census, this only applies in Louisville Metro/Jefferson County and the Lexington-Fayette Urban County Government. The payment has become a point of controversy, since constables in Kentucky have few actual duties. The state has authorized a salary of up to $9,600 a year, but the Louisville Metro Council cut it to $100 a month, plus expenses.

Anyone standing for election as a Constable must be at least 24 years of age, a resident of Kentucky for at least 2 years, and a resident of the county and district for at least a year prior to election. Since Constables are Constitutional peace officers they are exempt from attending the mandatory Department of Criminal Justice Training academy, although they may choose to do so. Sheriffs, Coroners, and Jailers are also exempted law enforcement officers. The Kentucky Constables Association is affiliated with the National Constables Association.

Massachusetts

Constables in Massachusetts are appointed by the town selectmen or elected every three years. Constables in Massachusetts can serve process, criminal warrants and have the same powers as sheriffs in execution of their duties. They can serve any writ or other process in a personal action in which the damages are not laid at a greater sum than eight hundred dollars, and in a replevin in which the subject matter does not exceed in value eight hundred dollars, and any writ or other process under chapter two hundred and thirty-nine. With a warrant or writ Constables in Massachusetts may convey prisoners and property in his or her custody beyond the limits of his or her town, either to the justice who issued it or to the jail or house of correction of his or her county. If a warrant is issued against a person for an alleged crime committed within any town, any constable thereof to whom the warrant is directed may apprehend him in any place in the commonwealth.

The jurisdiction of the constable is usually within the town the constable is appointed/elected. except when "on a capias (bench warrant), in a criminal case, outside the town for which he was appointed, but within the same county, and within the jurisdiction of the court issuing the warrant.

A constable in Massachusetts may enter any billiard, pool sippio room, bowling alley, skating rink, the licensed premises of a common victualer or room connected therewith, or a grove required to be licensed under section one hundred and eighty-eight, or any building therein, for the purpose of enforcing any law.

A constable in Massachusetts has the common law and statutory power to arrest in cases involving breach of the peace.

A constable may enforce election laws.

There is no state mandated training including firearms for constables.

Constables may be armed while on duty with a license to carry firearms issued by the town or city police department.

Constable may have blue/red light on their vehicle if they have a permit.

In some cities constables must be licensed.

Arrests

Constables may arrest without warrant:

• Any person trespassing or gambling in a public conveyance or private place.

• Any person who the constable finds trespassing on a dwelling house, building, boat or improved or enclosed land, wharf or pier owned by another person.

• Any persons unlawfully riding upon a locomotive engine, tender, freight car, caboose or other conveyance not part of a passenger train.

• Any persons illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol.

Constables are private officers and not considered public law enforcement officers in Massschusetts, do not attend police academy training, and are not well received by official police officers.

Maine

Constables have all of the powers and duties of police officers once they have completed training required by the state.

Michigan

Upon gaining statehood, constables continued to be appointed at the county level as had been done when Michigan was a territory. The Constitution of 1850, however, required that each township elect at least one but not more than four constables. With few exceptions cities also elected constables by ward. In addition to serving the justice courts of their county, "constables have always been peace officers ... in the territory of their constituents." However their role was vastly altered upon adoption of the Constitution of 1963 when their office was deleted as was the office of justice of the peace. They were not named as officers of the new District Court. And by the end of the 1970s their election was no longer statutorily mandated. Michigan Commission on Law Enforcement Standards (MCOLES) certification became required if they were to perform general peace officer duties. As of 2007 there are very few elected city constables and less than 10% of Michigan's 1242 townships continue to elect constables....

Mississippi

In Mississippi, constables are law enforcement officers elected from single-member districts in each county. Mississippi law provides for one constable per Justice Court district in the county, from a minimum of two such districts in counties with fewer than 35,001 people, to a maximum of five districts in counties with more than 150,000 people.

By law, constables keep and preserve the peace within the county; advise justice court judges or other officers of all riots, routs, unlawful assemblies, and violations of the penal laws; execute and return all processes directed to them by any county, chancery or circuit court (not just the Justice Courts); and attend the justices' courts of their districts.

All counties are required to provide their constables with at least two complete uniforms, some type of motor vehicle identification which clearly indicates that the motor vehicle is being used by a constable in his official capacity, and a blue flashing light for use on official duty. Other than standard fees for attending court, serving processes, etc., state law does not otherwise require counties to pay or otherwise compensate constables for their jobs.

According to Mississippi code Title 19 Chapter 25 Section 11, a Constable is the only county official with the authority to arrest the Sheriff of said county by bench warrant of the Circuit or Chancery court absent authority of the State Attorney General. However, the same code section permits marshals or police officers of municipalities within the county to effect an arrest of the Sheriff under warrant, too.

Mississippi code Title 19 Chapter 19 defines the roles, powers, and duties of constables.

The Mississippi Constables Association maintains a website at http://msconstables.org/.

Nevada

The constable is an elected peace officer. They are primarily process servers; the Nevada statutes define their responsibilities and fees.

New Hampshire

Constables are elected peace officers. They have broad law enforcement powers, including motor-vehicle laws.

New Jersey

A constable is considered a "peace officer" under NJ statutes. Modern-day New Jersey police officers inherit their authority from the constable. Constables may exercise their functions and perform their duties anywhere in the county wherein the appointing municipality is located. Constables are appointed by their city government (city council) via the Clerk's Office and their office term is determined by the municipal government body. They answer to the city council or police chief via monthly activity reports. There seems to be some confusion as to whether they should be identified as municipal, town, city or county constables.

Their powers are mainly focused on the enforcement of civil law although state legislature grants them the power to also enforce criminal and motor vehicle laws. Currently, there is legislation pending approval which will require all current and future NJ constables to undergo police training within six months of appointment.

New York

Constables serve at the pleasure of the local towns and villages, usually in a civil aspect for the courts. However, constables are considered law enforcement officers under New York State law. Their powers can be limited by each jurisdiction.

Constables are considered peace officers (NY Criminal Procedure Section 2.10) and have arrest powers within their jurisdiction while on duty (section 2.20) and must complete peace officer training as approved by the NY Division of Criminal Justice Services. see http://www.peaceofficeracademy.com/

There are restrictions on whether appointed constables can have peace officer powers based on the whether the municipality is a town or village and the number of residents. If a constable is not appointed as a constable with peace officer powers, they can only serve civil process?

Ohio

The appointment of constables is authorized by the Ohio Revised Code, which defines several roles for them. Constables serve as police officers of some small towns and townships, or as officers of some minor courts. A "special constable" may also be appointed by a municipal court judge for a renewable one-year term upon application by any three "freeholders" (landowners) of the county, who are then responsible for paying the special constable.

Duly-sworn Ohio constables are considered "peace officers" under Ohio law, as are sheriffs, municipal police officers, state park rangers, Highway Patrol officers, etc., and have full law-enforcement authority within their jurisdictions (The Ohio Administrative Code defines a township constables jurisdiction as statewide). With some exceptions, constables must post bonds and undergo police training. They are required to serve court papers when so ordered, and to apprehend and bring to justice any lawbreakers or fugitives, suppress riots or unlawful assemblies, enforce state law and generally keep the peace.

It has been suggested that the office is redundant and should be eliminated; a proposal was mounted to give counties the option to eliminate the office of constable where it is no longer required.

Pennsylvania

Definition

A constable is an elected official and serves six-year terms. Constables belong to the executive branch of government. However, they are not overseen by any state agency. The Pennsylvania Supreme Court has defined constables as "independent contractors that orbit the judiciary."

Constables are peace officers. In Pennsylvania, a peace officer may arrest a person, without warrant, if a felony is committed in their presence. However, as a peace officer, a constable only holds the same powers of arrest as a United States Citizen. For example, Pennsylvania Courts have ruled that a constable may not arrest a person for DUI or any misdemeanor because constables do not receive as much training as police officers and sheriff deputies. Peace Officers are also empowered to quell a disturbance of the peace. A disturbance of the peace in Pennsylvania is defined as an immenent threat of danger. For example, if a person punches someone else in the presence of a constable, then that person may be arrested because they are breaching the peace. The mere threat of a breach of the peace, however, does not empower the constable to arrest someone.

Duties

Constables are primarily charged by Pennsylvania statute with maintaining order at election polls and ensuring that no qualified elector is obstructed from voting. Constables are the only peace officers permitted at the polls on election day. While constables are elected at the municipal level, they have statewide jurisdictions because constables have been defined as "independent contractors" by the Pennsylvania Supreme Court.

Constables may serve the court, but are not required to. When working for a judge, constables may serve judicial process and arrest a person as long as they have a warrant for arrest. According to the Constable Code of Ethics and Constable Code of Conduct set forth by the Pennsylvania Commission on Crime and Delinquency, constables may not identify themselves as a Pennsylvania State Constable if they are not working for a judge or serving a warrant of arrest.

See also Pennsylvania State Constable's Office

Rhode Island

It is noted in the Rhode Island Constable Application that constables are not permitted to carry guns during the commission of their duties. One can obtain the official application at http://www.courts.ri.gov/district/pdf/constables-instructions.pdf. Also one should study the complete constable manual for the written examination given after training.

South Carolina

Constables are appointed by the Governor of South Carolina and are generally used to assist the police in any particular jurisdiction. They mainly have arrest authorities while they are escorted by police in that jurisdiction. They can act with full police powers in instances of emergencies when police are not immediately available and when a threat of life is present. Any handguns they carry must be concealed unless they are in a state approved uniform.

South Carolina State Constable Alliance http://www.scconstable.org/

Tennessee

Constable is an elected position with full power of arrest and is a state peace officer. The Tennessee State Constitution was amended in 1978 so as not to require counties to have this office; prior to this point, it was mandatory to elect constables in each county. Subsequent statutory law has allowed its continuance in certain counties, with the stipulation that there be no more than half as many constables in a county as there are county commissioners in that county, except in counties where the general law provides for an exception by county population brackets. Constables are elected to four year terms in August of the years coincident with presidential elections; unexpired terms are filled by special election, but such special election must be held coincidentally with another, scheduled election. In some counties, constable is a partisan office; in others all candidates run as independents.

Texas

See article: Texas Constable

The Texas Constitution of 1956 (Article 5, Section 18) provides for the election of a constable in each precinct of a county, and counties may have between four and eight precincts each depending on their population. Currently, the term of office for Texas constables is four years. However, when vacancies arise, the commissioners court of the respective county has the authority to appoint a replacement to serve out the remaining term.

In Texas, constables and their deputies are fully empowered peace officers with county-wide jurisdiction and thus, may legally exercise their authority in any precinct within their county ; however, some constables' offices limit themselves to providing law enforcement services only to their respective precinct, except in the case of serving civil and criminal process. Constables and their deputies may serve civil process in any precinct in their county and any contiguous county and can serve warrants anywhere in the state.

The duties of a Texas constable generally include providing bailiffs for the justice of the peace court(s) within his precinct and serving process issued therefrom and from any other court. Moreover, some constables' offices limit themselves to only these activities but others provide patrol, investigative, and security services as well. Further under Texas Constitutional Law only the Constable or his deputies may arrest the Governor of Texas.

In 2000, there were 2,630 full-time deputies and 418 reserve deputies working for the 760 constables' offices in Texas. Of this number, 35% were primarily assigned to patrol, 33% to serving process, 12% to court security, and 7% to criminal investigations. The Harris County Precinct 4 and 5 Constables' Offices are the largest constables' offices in Texas with over 300 deputies each.

Utah

Utah Constables are appointed by the political governing body which they serve - County, City, etc. They are fully empowered peace officers but are not tasked with "General Law Enforcement Duties." They serve process, provide court security (Bailiff duties), transport prisoners, seize property, enforce writs of all types and effect service of arrest warrants and may make probable cause arrests.

Vermont

Constables are generally elected by the town. They are charged with service of process; the destruction of unlicensed or dangerous dogs or wolf-hybrids, and of injured deer; removal of disorderly people from town meetings; collection of taxes, when no tax collector is elected; and other duties. Constables have full law enforcement authority unless the town votes to either remove the authority or require training before such authority is exercised. Cities and villages may also have constables. Their duties and method of selection are governed by the corporation's charter.

Wisconsin

Constables are responsible for enforcing Town ordinances and assisting with animal control.

West Virginia

David F. Green of Davy, West Virginia was the last person to hold the elected office of Constable in West Virginia.

See also

• Policing in the United Kingdom
• Policing in the United States
• sheriff
• marshal

External links

• Patrick Colquhoun, A Treatise on the Functions and Duties of a Constable. London: W. Bulmer and Co., 1803.
• François Hotman, "Of the Constable and Peers of France," 'Franco-Gallia: Or, An Account of the Ancient Free State of France, and Most Other Parts of Europe, Before the Loss of Their Liberties.[1574], 2nd ed. 1721 English translation from the original Latin. Project Gutenberg e-text # 17894. HTML Version from Constitution.org.

[provincial civil constables in Canada, [1]