Constable

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For the painter see John Constable. For the city in New York, see Constable, New York.

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, a constable was a person in some European countries during the Middle Ages, in charge of keeping the horses of his lord. The title comes from the Latin comes stabulari (attendant of the stables).

In some countries this developed into a high military rank, such as:

• The Constable of France
• The Constable of Portugal
• 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.

Contents 1 Modern usage 1.1 United Kingdom and the Commonwealth 1.1.1 United Kingdom 1.1.2 Canada 1.1.3 Channel Islands 1.2 United States 1.2.1 Alabama 1.2.2 Arizona and Arkansas 1.2.3 Connecticut 1.2.4 Delaware 1.2.5 Georgia 1.2.6 Maine 1.2.7 Massachusetts 1.2.8 Michigan 1.2.9 Mississippi 1.2.10 New Jersey 1.2.11 New York 1.2.12 Pennsylvania 1.2.13 Tennessee 1.2.14 Texas 1.2.15 Vermont 2 Footnotes 3 See also

Modern usage

United Kingdom and the Commonwealth

Image:Patrol zoom-1- (2).jpg A constable is a police officer 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 the police force.

In British law and similar legal systems, a constable has the legal powers of arrest 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 employee 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.

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.

United Kingdom

The Chief Constable is the title of the head of all British territorial police forces except the Metropolitan Police and City of London Police, which are headed by Commissioners.

Other British police ranks (outside the London forces) include:

• Chief Constable
• Deputy Chief Constable
• Assistant Chief Constable
• Chief Superintendent
• Superintendent
• Chief Inspector
• Inspector
• Sergeant
• Police Constable (PC)

Image:Bureau du Connétable, Saint Brélade, Jersey.jpg The prefix "Detective" is added to the ranks of members of the Criminal Investigation Department, Special Branch, or any unit where detectives are required, up to Chief Superintendent (e.g. Detective Chief Inspector, Detective Constable, etc).

Every officer still only has the powers of constable, no matter what his rank. The Commissioner of Police of the Metropolis has exactly the same police powers as an ordinary constable. Section 30 of the Police Act 1996 says that "A member of a police force shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters". Constables have identical powers whether on or off duty, since as soon as they exercise their powers they technically come on duty.

Higher ranking officers have certain extra powers to authorise activities. These include the powers to extend the length of prisoner detention to 36 hours (granted to Superintendents), or to authorise section 18 (1) PACE house searches (granted to Inspectors).

A Special Constable is a volunteer police officer, with the same powers as a regular officer, but with the jurisdiction of these powers generally being limited to within the police force area they work for and the next adjacent police force area(s). The main role of a "special" is to work with the local constabulary to provide a heightened police presence on the streets and in the local community. They may also be requested to police particular events such as football matches and community events.

Canada

The Chief of Police is the title of the head of most Canadian police forces except for the Royal Canadian Mounted Police, Ontario Provincial Police and Royal Newfoundland Constabulary:

• Chief of Police
• Deputy Chief of Police
• Chief Superintendent
• Staff Superintendent
• Superintendent
• Staff Inspector
• Inspector
• Sergeant, Staff-Sergeant and Detective-Sergeant
• Detective Constable
• Police Constable (PC)

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 to 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 can be merely 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 in 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.

Historically, the office was the same as was in the United Kingdom and has existed since the colonial period. However, with the development of modern police forces in the nineteenth and early twentieth century, the common law powers of constable have often been altered or removed by statute. Whereas, in the UK, constables were transformed by law into police services, in the US, state and local police services were created in addition to constables. 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.

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

Constables are elected by precinct.

Arizona and Arkansas

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. They have similar powers and duties to sheriffs.

Connecticut

There are two types of constables in Connecticut, appointed and elected. Appointed constables (special constables by statute) are criminal law enforcement officers hired by towns that don't have an organized police department.These constables work under a resident trooper and are fully certified police officers. Elected constables are civil process servers that are elected every two to four years by the town to serve all process directed to them within the town they are elected to.

Delaware

Since 1986, Delaware has had a unique law enforcement position entitled "Code Enforcement Constable". These officers can be appointed by any county or municipal chief executive officer to enforce all ordinances pertaining to building, housing, sanitation, or public health codes.

Georgia

In Georgia, state law permits counties to establish constables as officers appointed by the Chief Magistrate Judge of the county's Magistrate Court, who serve at the pleasure of the Chief Magistrate.

The powers and duties of constables include: attending all regular sessions of Magistrate Court; collecting and paying money owed to the court; executing and returning all warrants, summonses, executions, and other processes directed to them by the magistrate court; and other duties. However, unlike police officers and sheriffs, constables can only make arrests with a warrant or at the direction of and in the presence of a judge.

Georgia code Title 15, Chapter 10, Sections 100 through 104 defines the roles, powers, and duties of constables.[1]

Maine

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

Massachusetts

Constables are appointed by towns and cities. They have statutory powers of arrest for certain offences connected to gambling, cruelty to animals, prostitution, defiling water supplies, restricting entry to medical facilities, etc. Constables can and usually do serve civil process, and capias arrests.

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. COLES 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 enforement 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.

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.

Mississippi code Title 19 Chapter 19 defines the roles, powers, and duties of constables.[2]

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.

Pennsylvania

In the Commonwealth of Pennsylvania, the office of constable is mandated in the state constitution. All constables in Pennsylvania are elected Officers of the Court, as are all state court officers in the state system. Pennsylvania constables, although elected or appointed at the local government level, receive no government funding. Pennsylvania constables have a fee scale prepared by the state for services rendered. Although elected or appointed for a 6-year term, they are not considered employees of the Commonwealth or any government body. They must provide everything for their office at their own expense (including vehicle, all equipment, office rent, liability insurance, etc). Despite the lack of funding, Pennsylvania constables still possess the police power of arrest for any felony or breach of peace on view. Similar to a citizens arrest. However, if a person is in a vehicle when they commit an offense, the constable in Pennsylvania cannot make a traffic stop, due to a Supreme Court decision (case law). The issue of pursuit is being pressed for review. New laws covering fees are being prepared as of early 2006. The vast majority of Pennsylvania's Constables only work as poll watchers during elections.

Tennessee

Constable is an elected position with full power of arrest and is a state peace officer. The Tennessee constitution allows county voters to abolish the position in some counties, mainly if left unfilled for some time.

Texas

Texas constables are elected officials, similar to a sheriff, who are responsible for providing services for their precinct justice of the peace, but also for his county, and the state district courts. They have full law enforcement authority throughout their respective counties and the state. Most constable offices have only one or two persons, but in the major metropolitan counties with four or more precincts, they may have over a hundred persons. Texas contains over 1,300 constable offices employing over 3,500 persons. The Texas constable is also listed as a unique independent local police agency on the United States Department of Justice's Uniform Crime Reports.

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.

Footnotes

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See also

• Policing in the United Kingdomde:Connétable von Frankreich

fr:Connétable io:Konestablo nl:Connétable pt:Condestável de Portugal sv:Connétable