Pennsylvania State Constables
State peace officers
From Wikipedia, the free encyclopedia
The office of the Pennsylvania Constable is a municipally elected, sworn law enforcement officer[4] throughout the Commonwealth of Pennsylvania.[5]
| Pennsylvania Constables | |
|---|---|
| |
| Type | Police officer [1][2] |
| Status | Elected for 6 Years |
| Residence | District may cover a City, a Township, a Borough, or a Ward |
| Term length | 6 years |
| Constituting instrument | 44 Pa. C.S. § 71[3] |
| Formation | 1681 |
Pennsylvania Constables are elected in each borough, township, and city ward in the Commonwealth—except in Philadelphia (although constables certified through PCCD may still operate in the City of Philadelphia) — and serve six-year terms.[6][7] Constables may be appointed by the Court of Common Pleas of the county to serve out a term when an elected position becomes vacant.[3]
Role in Pennsylvania government
A Pennsylvania State Constable is a sworn peace officer who is directly elected by and answerable to the voters of their borough, city, ward, or township.[8]
A court may summon a constable to appear before it and direct the constable to investigate a complaint of a violation of law.[9]
A constable is prospective employing law enforcement agency that shall conduct a thorough background investigation on any applicant for deputy constable.[10]
In the event of a vacancy, the court of common pleas of the county of the vacancy may appoint a constable.[11] The common pleas court may also inquire into the official conduct of the constable for failure to discharge official duties or other violations and suspend or remove the constable from judicial assignments.[12]
Constables are authorized by statute to perform judicial services for the judicial branch after being trained and certified by the Constables' Education and Training Program administered by The Pennsylvania Commission on Crime and Delinquency, but are not an officer of the judicial branch, only the executive branch.[13] Constables thus certified for judicial duty are empowered to serve civil and criminal complaints, summonses, and notices for the minor judiciary, levy personal property for public sale to satisfy judgments, execute orders of possession and ejectment, execute warrants of arrest, effectuate the payment of fines, take custody of and convey defendants and incarcerated prisoners, and provide for courthouse security.
Constables are charged with keeping order at the election polls and ensuring that no qualified voter is obstructed from voting.[14] Constables are the only law enforcement officer permitted at the polls on election day, excepting those requested by the constable or judge of election for assistance. Constables are empowered to arrest without a warrant for felony crimes, offenses against any law for the protection of forests and timber land, any witnessed violation of any borough ordinance for which a fine or penalty is imposed, any unlawful act endangering personal security or property, and breaches of the peace committed in their presence, anywhere in the Commonwealth. Constables are "charged with conservation of the peace, and whose business it is to arrest those who have violated it... ."[15]
Constables may collect taxes under a warrant issued by the tax collector.[14]
Constables may execute an arrest warrant issued by a coroner.[16]
Powers
The office of constable gives ordinary persons extraordinary powers. The primary powers of the Pennsylvania State Constable and their deputies are established through common law[17] and Pennsylvania statues. The Pennsylvania Constable is a person elected to the public office of Constable. Constables by virtue of their office, are police officers.[1][2] Constables are the oldest law enforcement in the Commonwealth of Pennsylvania.
Title 44 of Act 49 of 2009.[18] This statute provides the authority to serve process for the Unified Judicial System of Pennsylvania, including serving summons, subpoenas, orders, judgment levies, and making arrests by warrant anywhere in the Commonwealth, make arrests without warrant for persons believed to be committing an offense against any law for the protection of forests and timberland and, in boroughs, make arrests without warrant for breaches of the peace committed in their presence. Additionally, where there is no coroner in commission in a county where a sheriff is a party to a suit instituted in a court of the Commonwealth, a constable may be directed by the courts to perform the authorized duties of the coroner.
They are also granted additional powers by various statutes. They may direct traffic, and seize registration plates and cards on behalf of the Pennsylvania Department of Transportation.[19][20] They may also seize and process any dog which is found running at large, and humanely kill any dog at large in a rabies quarantine area on behalf of the Pennsylvania Department of Agriculture.[21]
Following a recent Pennsylvania Superior Court ruling in the case of Commonwealth V. Allen, 206 A.3d 1123, 2019 Pa. Super. 88 (Pa. Super. Ct. 2019), the Court ruled that Constables have legal authority to detain individuals suspected of DUI offenses.
Constables are exempt from licensing requirements for concealed carry of a firearm.[22] Although the right of individuals to bear arms in Pennsylvania for self-defense shall not be questioned,[23] constables or their deputies must be certified and firearms-qualified as required under Act 49, Title 44, Chapter 71 - Constables, Section 7148 - Use of Firearms,[24] to perform judicial duties.
Statutory Duties
Constables are authorized to maintain the peace and to make arrests for breaches of the peace and certain crimes committed in their presence. Additionally, Constables are required by Election Law and PA statute to maintain order at election polls and ensure that no qualified elector is obstructed from voting.[25] Constables are the only peace officers permitted at the polls on Election Day. [26]