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A 'constable' is a person holding a particular office, most commonly in law enforcement. However, the office of constable can vary significantly in different jurisdictions.
Originally, in some European countries during the Middle Ages, a constable was a person in charge of keeping the horses of his lord. The title comes from the Latin ''comes stabuli'' (attendant of the stables).
In some countries this developed into a high military rank, such as:
★ The Constable of Castile, ''Condestable de Castilla''
★ The Constable of France, ''Connétable de France''
★ The Constable of Portugal, ''Condestável do Reino''
★ The Lord High Constable of England
★ The Lord High Constable of Scotland
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.
A constable is a rank for police officers in the United Kingdom and most countries with a British colonial history (now mostly members of the Commonwealth of Nations). This gives rise to the alternative name of Constabulary for a police force. Also, in Finland, a police trooper is called ''konstaapeli'', and a police sergeant is ''ylikonstaapeli'' (''yli-'' "leading").
Historical usage
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.[1] 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.[2] In most medieval nations, the constable was the highest-ranking officer of the army, and was responsible for the overseeing of martial law.[3]
France
The Constable of 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.
England
The term was originally used in England and Scotland for the Lord High Constable, one of the Great Officers of State responsible for the command of the army; however, the term was also used at the local level within the feudal system, describing an officer appointed to keep order.[4] One of the first descriptions of the legal role of a constable comes from Bracton, a jurist writing between 1220 and 1250[5]:
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.[6]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.[7]
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".[8] 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, [9] 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.[10][11] This system is still used today.
Netherlands and Belgium
Neither in the Dutch or Belgium armed forces nor in the police force the rank "Constable", "Connétable" or a Dutch - Flemish derivative was used.
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.
Modern usage
Denmark
In the Danish armed forces the ranks "Konstabel" en "Overkonstabel" are used for soldiers in an operational level. Al the armed forces i.e. Navy, Air Force and Army use the term. The rank is more or less equal to a private.
Netherlands and Belgium
Noeither in the Dutch or Belgium armed forces nor in the police force the rank "Constable", "Connétable" or a Dutch - Flemish derivative is used.
United Kingdom and the Commonwealth
In the legal systems of the United Kingdom and similar jurisdictions, a constable has the additional legal powers of arrest and control of the public given to him or her 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, although the term usually refers to a police officer who holds no rank.
'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 the title of some British police force chiefs until police ranks were standardised.
For more information, see police or United Kingdom police.
Channel Islands
Constable's Office in St. Brelade, Jersey
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.[12] 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 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.
Constables unite under the National Constables Association at http://www.nationalconstablesassociation.com
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.[13][14][15] 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.[16]
In Mobile County, all constables are required to complete law enforcement training, except for those currently in office who are grandfathered in.[17][18] 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 to act as process servers for the Justice of the Peace courts, serving summons subpoenas, orders, injunctions, and writs.[19] Constables must undergo training, and their expenses are paid by the county board of supervisors.[20] 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 arrests and criminal investigations.
Arkansas
In Arkansas like Arizona, a constable is an elected officer of the county with full police power of arrest. Unlike Arizona, Constables in Arkansas serve only two year terms. They are elected in November. Constable is a partisan office and is guaranteed by the state constitution.
California
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. The election 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
Delaware has had a unique law enforcement position entitled "Constable". Transplanted from England to Delaware in the early colonial period, the constable’s main responsibilities were keeping the peace and serving the courts. 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. The constables and eight overseers made the tax assessments, and the constable also collected taxes. If taxes were not paid, the constable was to value the delinquent’s property and seize it until taxes were paid or the property sold. In addition, the constable and two overseers held the town courts. The laws of William Penn provide little information on the duties of the constables except that they served warrants, attended courts, and furnished lists of taxables in their hundreds for the tax assessors.
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. The Clerk of the Peace certified the appointment and delivered it to the sheriff who then notified the person of his appointment. 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.
Later in the nineteenth and early twentieth centuries, with the establishment of the Delaware State Police; constables were appointed for specific concerns, institutions, or companies. The constable had a number of duties, many of which continue today. He executed all orders, warrants, and other process directed by any 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.
Today, there is a Board of Examiners consisting of the Superintendent of the Delaware State Police, the Chief of the New Castle County Police, the Attorney General, a representative from the Chiefs of Police Council, and a representative from the American Society of Industrial Security is responsible for reviewing applications for constables and delivering a list of approved applicants to the Governor.
To meet the qualifications of a constable, an applicant is required to be at least twenty-one years of age, meet the minimum standards established by the Delaware Council on Police Training, and may be required to receive additional training as directed by the Board of Examiners. Constables may exercise the same powers as peace officers and law enforcement officers in order to protect life and property and preserve peace and good order. Constables are commissioned law enforcement officers with powers of arrest and may be employed by private corporations, civic associations, or governmental entities.
Currently, in Delaware, constables are appointed to the Bayhealth Medical Center, Christiana Care Health System, Dover Downs Inc., Justice of the Peace Courts, and Wilmington College.
Idaho
Although the Idaho Statutes mention the election of a Constable as a Peace Officer or as Elections Security Officials, there are no persons serving as such in the State today. The 4th District Court in Boise, has a Marshal, who serves in the same capacity as a Constable in other States. Ada County is the only jurisdiction in Idaho employing a "County Marshal."
The Commonwealth of Kentucky
In Kentucky,
Constables are elected from each magistrate district in the state. Under Section 106 of the Kentucky Constitution, constables have the same countywide police authority as the county sheriff. They can make arrests or give citations for laws relating to motor vehicles and boats (KRS 281.765).
Since judicial reform in the 1970's that stripped county magistrates of their judicial authority and eliminated Justice of the Peace courts (which the magistrates presided over) and municipal Police Courts, the actual duties of constables has been muted. Security and paper service for the District Courts, which replaced the above mentioned courts, is now provided by the sheriff's office of their particular county in the same manner as is provided for the long standing Circuit Courts. These services were traditionally provided by the constables in Justice of the Peace Courts.
In reality, the authority that constables in Kentucky actually carry out varies from county to county. In some cases the County Judge/Executive and/or the county Fiscal Court (the county legislative authority) attempt to control the amount of authority exercised by its constables. Some counties prefer or do not interfere with the constables authority to patrol the county and act with full police authority. These counties often provide uniforms and patrol vehicles and sometimes even allow the constable to appoint deputy constables. Other counties prefer the constable to have a limited role in the law enforcement activities, such as assisting the sheriff with paper service, acting as school resource officers, or directing traffic. Enforcing laws related to disabled parking permitted spaces or fire lanes is also gaining favor in some counties. In this situation, uniforms and vehicles may or may not be provided by the county. However, when a patrol car is not provided in these situations, the county will often allow the constable to display a blue light and siren on their personal vehicle and reimburse expenses when acting in an official capacity. In addition, there are some counties in Kentucky where the county may not prefer the constable to take any law enforcement action. Even in this case, however, the constable, as a constitutional officer of the state, may act as a full peace officer even without the counties approval. In some counties, the Fiscal Court may excercise the only legal authority over the constables, the authority to provide or not to provide funding for their constables. Because of this, some constables in the state are paid only state mandated fees for services.
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.
Maine
Constables have all of the powers and duties of police officers once they have completed training required by the state.
The Commonwealth of Massachusetts
CONSTABLES
Massachusetts General Laws Chapter 41, section 91-95.
Chapter 41: Section 91B. Appointments; qualifications; application; investigation
Section 91B. Constables shall not be appointed by mayors or selectmen under section ninety-one or ninety-one A except as hereinafter provided. A person desiring to be appointed as aforesaid shall make a written application therefor to the appointing authority stating his reasons for desiring such appointment and such information as may be reasonably required by said authority relative to his fitness for said office. Such application shall also contain a statement as to the moral character of the applicant signed by at least five reputable citizens of the city or town of his residence, one of whom shall be an attorney-at-law. The appointing authority shall also investigate the reputation and character of every applicant and his fitness for said office. The chief of police or other official having charge of the police shall upon request give the appointing authority all possible assistance in making such investigation. The office of constable shall be filled only by appointment of an applicant hereunder who is found by the appointing authority, after investigation as aforesaid, to be a person of good repute and character and qualified to hold said office.
Chapter 41: Section 91. Appointment and removal in cities
Section 91. In a city in which the city council accepts this section, or has accepted corresponding provisions of earlier laws, constables shall be appointed by the mayor for terms not exceeding three years. The mayor may, with the consent of the board of aldermen, remove a constable from office for gross misconduct.
Chapter 41: Section 91A. Appointment in towns
Section 91A. The selectmen in any town may from time to time appoint, for terms not exceeding three years, as many constables as they deem necessary.
Chapter 41: Section 94. Powers and duties
Section 94. Constables may serve the writs and processes described in section ninety-two and warrants and processes in criminal cases, although their town, parish, religious society or district is a party or interested. They shall have the powers of sheriffs to require aid in the execution of their duties. They shall take due notice of and prosecute all violations of law respecting the observance of the Lord’s day, profane swearing and gaming. They shall serve all warrants and other processes directed to them by the selectmen of their town for notifying town meetings or for other purposes. They may serve by copy, attested by them, demands, notices and citations, and their returns of service thereof shall be prima facie evidence; but this provision shall not exclude the service thereof by other persons.
Chapter 41: Section 93. Remedies on bond
Section 93. The town clerk shall note upon every bond given by a constable the time of filing. Any person injured by a breach of the condition thereof may, at his own expense, sue thereon in the name of the town, and the proceedings shall be the same as in an action by a creditor on an administrator’s bond. The writ shall be endorsed by him and, if he is not a resident of the commonwealth, it shall also be endorsed by a responsible resident thereof. If judgment is for the defendant, execution shall issue for costs against the endorser as if he were a plaintiff of record.
Chapter 41: Section 95. Territorial jurisdiction
Section 95. A constable, in the execution of a warrant or writ directed to him, may convey prisoners and property in his custody under such process beyond the limits of his town, either to the justice who issued it or to the jail or house of correction of his 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.
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 2005 there are no 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 less than 35,001 people, to a maximum of five districts in counties with more than 150,000 people. See www.scottenlow.com for a good example of what a Mississippi Constable is.
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.[21]
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 Jersey
A constable is considered a "peace officer" with very limited police authority. Their duties are mainly confined to the enforcement, and processing of civil law.
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.
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.
Pennsylvania
Constables in Pennsylvania are elected and serve a six-year term, they are Peace Officers by virtue of the office they hold, upon completing state certification and training, they may also serve as the Law Enforcement Arm of the Court. Constables primarily serve the District Courts but may also assist in serving the Common Pleas Court, when requested by the Sheriff.
As Public Officials Constables are required to file an annual Statement of Financial Interests with the Pennsylvania State Ethics Commission .
Each Constable may with approval of the President Judge, appoint Deputies to work under his authority. Each Deputy is given the same authority as the Constable himself, but serves at the pleasure of the elected Constable.
Constables are considered to be the "People's Peace Officers" because of their Constitutional origin, and as elected officials they are independent of other governing bodies, this gives the Constable the freedom and authority to perform his duties according to statute, in the interest of justice.
Under Pennsylvania Law, Constables are Public Officers, elected or appointed to their position in accordance with the laws of elections.
A Constable is a sworn Law Enforcement / Peace Officer that can arrest for felony crimes and breaches of the peace committed in his presence, or by warrant anywhere in the commonwealth.
A Constable is also an officer empowered to carry out the business of the statewide district court system, by serving warrants of arrest, mental health warrants, transporting prisoners, service of summons, complaints and subpoenas, and enforcing protection from abuse orders as well as orders of eviction and judgement levies.
Constables are also charged with maintaining order at the election polls and ensuring that no qualified elector is obstructed from voting, Constables are the only Law Enforcement Officials permitted at the polls on election day.
While Constables primarily serve the Courts, they belong to the executive branch of government.
Constables are elected at the municipal level, however State law governs Constables and they have statewide authority, thus the title became "State Constable".
Constables are empowered to enforce both criminal and civil laws, Police Officers are empowered to enforce criminal and traffic laws, Sheriff's are the chief law enforcement officer of the County and are empowered to enforce criminal, civil and traffic laws.
Link to source: http://www.pastateconstable.org/history.html
Link to laws governing Constables in PA: http://pafoc.org/index_files/Authority.htm
South Carolina
Constables are appointed by the Governor of South Carolina and are generally used to assist the police in any particular jurisdiction. They only 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.
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 0f 1956(Article 5, Section 18) provides for the election of a constable in each precinct of a county, and counties may have between one and eight precincts each depending on their population. Currently, the term of office for Texas constables is four years. However, when vacancies arrise, 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 [7]; 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.
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.[23]
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 meeting; 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.
West Virginia
David F. Green of Davy, West Virginia was the last person to hold the elected office of Constable in West Virginia.
References
1. Constable, Encyclopedia Britannica online
2. p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), ISBN 0-304-36201-8
3. p172, Slater, Stephen, ''The Complete Book of Heraldry'' (Lorenz, 2002), ISBN 0-7548-1062-3
4. p72, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), ISBN 0-304-36201-8
5. Bracton Online
6. Bracton On the Laws and Customs of England, Henry of Bratton, , , Belknap Press, , ISBN 0-19-626613-0
7.
8. p276-7, Markham, Sir Frank, ''History of Milton Keynes and District'', vol.1 (1973), ISBN 0 900804 29 7
9. p591, Inwood, Stephen, ''A History of London'' (Macmillan, 1998), ISBN 0-333-67154-6
10. Wiltshire Constabulary History, Wiltshire Police website
11. The Making of a Chief Constable, Essex Police website
12. A Brief Guide to Police History, North Carolina Wesleyan College
13. Section 36-23-5, Alabama State Code
14. Section 15-5-30, Alabama State Code
15. Section 15-10-1, Alabama State Code
16. About the Constables, Mobile County Constables Association
17. HB409, May 2005 Act of the Alabama State Legislature
18. [http://www.mobileconstables.com/ Mobile County Constables Association
19. 22-131, Arizona Revised Statutes
20. 22-132, Arizona Revised Statutes
21. Mississippi Code
22.
23. .
See also
★ Policing in the United Kingdom
★ Policing in the United States
★ sheriff
★ marshal
★ Odo
External links
★ Patrick Colquhoun, ''A Treatise on the Functions and Duties of a Constable,'' London: W. Bulmer and Co., 1803.
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