Constable
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A '''constable''' is a person holding a particular office, most commonly in [[Police|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 [[stable]]s) and originated from the [[Eastern Roman Empire]]; originally, the constable was the officer responsible for keeping the [[horse]]s of a [[lord]] or [[monarch]].<ref name="kofk">p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), ISBN 0-304-36201-8</ref><ref name="eb">[http://www.britannica.com/eb/article-9025958/constable Constable], Encyclopedia Britannica online</ref> The title was imported to the [[monarchy|monarchies]] of [[Middle Ages|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 [[Police|law enforcement]] officers; in the [[United Kingdom]], [[Commonwealth of Nations]] and some [[Europe]]an 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 [[civil parish|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 (country)|Georgia]]===
The titles of ''[[sparapet]]'' and ''[[spaspet]]'', derived from the ancient [[Iran]]ian ''[[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 [[horse]]s at the imperial court.<ref name="eb"/> 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.<ref name="kofk"/> In most medieval nations, the constable was the highest-ranking officer of the army, and was responsible for the overseeing of [[martial law]].<ref name="h">p172, Slater, Stephen, ''The Complete Book of Heraldry'' (Lorenz, 2002), ISBN 0-7548-1062-3</ref>
===France===
{{mainarticle|Constable of France}}
The Constable of [[France]] (''Connétable de France''), under the [[French monarchy]], was the [[Great Officers of the Crown of France|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]].<ref name="h"/> Some constables were prominent military commanders in the medieval period, such as [[Bertrand du Guesclin]] who served from 1370 to 1380.
===England/Britain===
{{seealso|Lord High Constable|Parish constable}}
The office of the constable was introduced in [[England]] following the [[Norman conquest of England|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.<ref>{{cite web|last=Vronsky|first=Peter|title=A Brief History of Constables in the English Speaking World|url=http://www.russianbooks.org/crime/cph1.htm|accessdate=2007-09-14}}</ref>
The office of [[Lord High Constable]], one of the [[Great Officer of State|Great Officers of State]], was established in [[England]] and [[Scotland]] during the reign of [[Stephen of England|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.<ref>p72, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), ISBN 0-304-36201-8</ref> One of the first descriptions of the legal role of a constable comes from [[Bracton]], a jurist writing between 1220 and 1250<ref>{{cite web|title=Bracton Online|publisher=Harvard Law School Library|url=http://hlsl.law.harvard.edu/bracton/|accessdate=2007-09-06}}</ref>:
<blockquote>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.<ref>{{cite book|author=Henry of Bratton|trans=Samuel E. Thorne|date=1968|publisher=Belknap Press|title=Bracton On the Laws and Customs of England|location=Cambridge, MS|url=http://hlsl5.law.harvard.edu/cgi-bin/brac-hilite.cgi?Unframed+English+4+136+constable|id=ISBN 0-19-626613-0}}</ref></blockquote> 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.<ref>{{Citation|first=DeLloyd J.|last=Guth|contribution=The Traditional Common Law Constable, 1235-1829: From Bracton to the Fieldings to Canada|editor-last=Macleod|editor-first=R.C.|editor2-last=Schneiderman|editor2-first=David|title=Police Powers in Canada: The Evolution and Practice of Authority|publisher=University of Toronto Press|place=Toronto|year=1994|pages=6|id=ISBN 0-8020-2863-2}}</ref>
In 1285, King [[Edward I of England]] passed the Statute of Winchester, which "constituted two constables in every [[hundred (country subdivision)|hundred]] to prevent defaults in towns and highways".<ref name="fm">p276-7, Markham, Sir Frank, ''History of Milton Keynes and District'', vol.1 (1973), ISBN 0 900804 29 7</ref> 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.<ref name="fm"/>
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, <ref>p591, Inwood, Stephen, ''A History of London'' (Macmillan, 1998), ISBN 0-333-67154-6</ref> and outside London by the [[County Police Act 1839]], which allowed [[county|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]].<ref>[http://www.wiltshire.police.uk/history/1839.asp Wiltshire Constabulary History], Wiltshire Police website</ref><ref>[http://www.essex.police.uk/offbeat/o_mu_25.php The Making of a Chief Constable], Essex Police website</ref> This system is still used today.
===Other European nations===
The position of hereditary constable persists in some current or former [[monarchy|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]].<ref name="h"/>
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 junior soldiers, sailors and airmen. The rank is more or less equal to a [[Private (rank)|private]].
===Finland===
In the [[Law enforcement in Finland|Finnish Police]], the lowest rank of [[police]] officer is called ''nuorempi konstaapeli'', translated into English as (Junior) Constable.<ref>[http://www.police.fi/poliisi/home.nsf/Pages/00FFD94F50737E44C2256BB800440F18 Rank insignia of a Constable], Finnish Police website (in English)</ref>
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".<ref>[http://www.police.fi/poliisi/home.nsf/Pages/9EE2C8FCADCC3EE3C2256BB80043C3FE Rank insignia of a Senior Constable], Finnish Police Website (in English)</ref>
=== United Kingdom and the Commonwealth ===
In the [[legal system]]s 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 [[Police Oath|oath]] and [[Warrant (law)|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]].
====Canada====
In [[Canada]], as in the [[United Kingdom]], Constable (translated to [[Canadian French]] as ''[[Gendarme]]''<ref>[http://www.rcmp-grc.gc.ca/about/organi_f.htm RCMP Organisational Structure] (in French)</ref>) is the lowest rank in most [[police]] services, including the [[Royal Canadian Mounted Police]].<ref>[http://www.rcmp-grc.gc.ca/about/organi_e.htm RCMP Organisational Structure]</ref>
In addition, the [[chief of police|chief officers]] of some [[municipality|municipal]] police services in Canada, notably [[Vancouver Police Department]], carry the title of [[Chief Constable]].<ref>[http://www.city.vancouver.bc.ca/police/chief/profiles/CCJimChu.htm Chief Constable's Office], Vancouver Police Department</ref>
==== Channel Islands ====<!-- This section is linked from [[Jersey]] -->
In [[Jersey]] and [[Guernsey]], the elected heads of the [[Parish (subnational entity)|Parish]]es are titled "constables" (''connétables'' in [[French language|French]]). The constables are entitled each to carry a silver-tipped baton of office.
In Jersey, each [[Parishes of Jersey|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 [[Parishes of Guernsey|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 [[summons]]es and [[subpoena]]s for people to appear in court in criminal and/or civil matters. Or, they may be fully empowered [[Police|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 [[United Kingdom|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 (law enforcers)|watchmen]].<ref>[http://faculty.ncwc.edu/TOCONNOR/205/205lect04.htm A Brief Guide to Police History], North Carolina Wesleyan College</ref> 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 (law)|warrant]] executed. Following the example of the [[United Kingdom|British]] [[Metropolitan Police Service|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 (rank)|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 officer]]s and have full powers of [[arrest]], stop and search within their county.<ref>[http://www.legislature.state.al.us/codeofalabama/1975/36-23-5.htm Section 36-23-5], Alabama State Code</ref><ref>[http://www.legislature.state.al.us/codeofAlabama/1975/15-5-30.htm Section 15-5-30], Alabama State Code</ref><ref>[http://law.justia.com/alabama/codes/14214/15-10-1.html Section 15-10-1], Alabama State Code</ref> They are generally responsible for serving [[Warrant (law)|warrant]]s and acting as [[process server]]s, 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 [[criminal]]s they arrest.<ref>[http://www.mobileconstables.com/about_constables.htm About the Constables], Mobile County Constables Association</ref>
In [[Mobile County]], all constables are required to complete [[Police|law enforcement]] training, except for those currently in office who are [[grandfather clause|grandfathered]] in.<ref>[http://www.legislature.state.al.us/SearchableInstruments/2005RS/Bills/HB409.htm HB409], May 2005 Act of the Alabama State Legislature</ref><ref>[http://www.mobileconstables.com/ Mobile County Constables Association</ref> 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 [[sheriff]]s.
In Arizona law, the authority of constables is defined by Arizona Revised Statutes Title 22, Section 131. Constables have the same powers as [[sheriff]]s, but their primary responsibility is the [[service of process]] for the [[Justice of the Peace]] courts, serving [[summons]] [[subpoena]]s, and perform [[court order|order]]s, [[injunction]]s, and [[writ]]s.<ref>[http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/22/00131.htm&Title=22&DocType=ARS 22-131], Arizona Revised Statutes</ref> Constables must undergo training, and their expenses are paid by the [[county]] [[board of supervisors]].<ref>[http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/22/00132.htm&Title=22&DocType=ARS 22-132], Arizona Revised Statutes</ref> 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 (United States)|township]] level, although Constables are considered [[county (United States)|county]] officers.<ref>[http://ag.arkansas.gov/opinions/docs/2007-030.html Opinion of the Attorney-General of Arkansas]</ref> The office of Constable, which is a [[political party|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.<ref>[http://64.233.183.104/search?q=cache:szSOjzl34JYJ:www.arkleg.state.ar.us/data/constitution/ArkansasConstitution1874.pdf+1874+arkansas+constitution+constable+township&hl=en&ct=clnk&cd=1&gl=uk#47 Constitution of Arkansas, Article 7, Section 47]</ref> Constables are [[peace officers]] with full police powers.
====California====
Historically, constables in California were attached to the [[justice of the peace|justice courts]], the lowest tier of the state court system (whereas [[sheriff]]s were attached to the county [[superior court]]s, and marshals to the [[municipal court]]s). 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.<ref>[http://www.clrc.ca.gov/pub/2001/MM01-09.pdf Study J-100], California Law Revision Commission</ref> 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====
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.<ref name="ds">[http://archives.delaware.gov/collections/aghist/3456.shtml Constable], Delaware Constable</ref>
(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.<ref>[http://delcode.delaware.gov/title10/c028/index.shtml Title 10, Chapter 28, Delaware Code]</ref>
(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.<ref>[http://delcode.delaware.gov/title10/c027/index.shtml Title 10, Chapter 27, Delaware Code]</ref>
(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.<ref>[http://delcode.delaware.gov/title10/c029/index.shtml Title 10, Chapter 29, Delaware Code]</ref>
====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.
<ref>[http://web.lexis-nexis.com/research/xlink?app=00075&view=full&searchtype=get&search=O.C.G.A.+%25A7+15-10-102 O.C.G.A. § 15-10-102]</ref>
====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]].<ref name="ago">[Attorney General Opinion No. 87-3], State of Idaho Office of the Attorney General</ref> Although the [[Idaho]] Statutes still provide for the appointment of [[election]] constables to keep order during elections (Title 34, Chapter 11)<ref>[http://www3.state.id.us/cgi-bin/newidst?sctid=340110005.K Idaho Statutes, Title 34, Chapter 11]</ref> and define constables as [[peace officer]]s,<ref>[http://www3.state.id.us/cgi-bin/newidst?sctid=190050010.K Idaho Statutes, Title 19, Chapter 5]</ref>, 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.<ref name="ago"/>
====Kentucky====
In [[Kentucky (U.S. state)|Kentucky]], constables are elected from each [[magistrate]] district in the state. There are between three and eight magistrate districts in each [[County (United States)|county]]. Under Section 106 of the [[Kentucky Constitution]], constables have the same countywide jurisdiction as the county [[sheriff]].<ref name="lrc">[http://www.lrc.ky.gov/lrcpubs/ib114a.pdf Duties of Elected County Officials], Kentucky Legislative Research Commission, November 2002</ref>
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 [[Warrant (law)|warrant]]s, [[subpoena]]s, [[summons]]es 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 [[siren]]s.<ref name="lrc"/>
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 [[United States Census, 2000|2000 U.S. Census]], this only applies in [[Louisville Metro]]/[[Jefferson County, Kentucky|Jefferson County]] and the [[Lexington, Kentucky|Lexington-Fayette Urban County Government]]. The payment has become a point of controversy, since constables in Kentucky have few actual duties.<ref name="lrc"/> 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.<ref name="lrc"/> 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====
{{Wikify|date=March 2008}}
Under Massachusetts General Law (G.L.) Chapter.41, constables:
-are appointed by the town selectmen or elected every three years.
-can serve process, criminal warrants and have the same powers as sheriffs in execution of their duties.
-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 may convey prisoners and property in his custody 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.
The jurisdiction of the constable is usually within the town the constable is appointed/elected. (Beard Vs. Seavey, 191 Mass. 503) 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. Sullivan Vs. Wentworth 137 Mass. 233
Constables may arrest:
-without warrant any person trespassing or gambling in a public conveyance or private place. G.L. chap. 271, sec. 2
-without a warrant any person who he finds committing a trespass, on a dwelling house, building, boat or improved or enclosed land, wharf or pier of another G.L. chap.266, sec. 120
-for illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol G.L. chapter.138, sec. 55
-without warrant any persons unlawfully riding upon a locomotive engine, tender, freight car, caboose or other conveyance not part of a passenger train G.L. chap.160,sec.220
A constable 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…” G.L. chap.140 sec. 201
A constable has the common law and statutory power to arrest in cases involving breach of the peace.
A constable may enforce election laws. G.L.chap. 56, sec. 57
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- G.L. chap. 90 sec. 7E
In some cities constables must be licensed http://www.somervillema.gov/CoS_Content/documents/forms/Constable%20Application.pdf
Massachusetts constable information http://www.constable.com/contact.html
*[http://constable.bravehost.com Massachusetts Constabulary]
====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.<ref>[http://www.mscode.com/free/statutes/19/019/index.htm Mississippi Code]</ref>
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 [http://www.leg.state.nv.us/nrs/NRS-258.html 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<ref>http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=29214572&Depth=4&TD=WRAP&advquery=constable&headingswithhits=on&infobase=statutes.nfo&rank=&record={2A5}&softpage=Q_Frame_Pg42&wordsaroundhits=2&x=0&y=0&zz=</ref>. Currently, there is legislation pending approval which will require all current and future NJ constables to undergo police training within six months of appointment<ref>http://www.njleg.state.nj.us/2008/Bills/S1000/535_I1.HTM</ref>.
====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 [[township]]s, 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 [[jurisdiction]]s (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 [[fugitive]]s, suppress [[riot]]s 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 [[county (United States)|counties]] the option to eliminate the office of constable where it is no longer required.<ref>[http://news.communitypress.com/apps/pbcs.dll/article?AID=/20060504/NEWS01/605040563/1007/RSS05 Candidates run but are constables needed?], Cincinnati Community Press & Recorder, 4 May 2006</ref>
====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 summary, misdemeanor and felony crimes and/or 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 have powers that differ from those of police officers and sheriffs. Constables are empowered to enforce both criminal and civil laws. Police Officers are empowered to enforce criminal and traffic laws. Sheriffs 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 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 [[President of the United States|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 [[political party|partisan]] office; in others all candidates run as [[independent (politician)|independents]].
==== Texas ====
''See article: [[Texas Constable]]''
The [[Texas Constitution]] of 1956 (Article 5, Section 18) provides for the election of a constable in each [[Texas precinct|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 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 <ref>{{PDFlink|[http://oag.state.tx.us/opinions/ga/ga0189.pdf]}}{{PDFlink|[http://oag.state.tx.us/opinions/ga/ga0349.pdf]}}</ref>; 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 [[bailiff]]s 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.<ref>{{PDFlink|[http://www.ojp.usdoj.gov/bjs/pub/pdf/csllea00.pdf]|276 [[Kibibyte|KiB]]<!-- application/pdf, 283101 bytes -->}}.</ref>
====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]]s; 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.
==References==
{{reflist|2}}
==See also==
* [[Policing in the United Kingdom]]
* [[Policing in the United States]]
* [[sheriff]]
* [[marshal]]
==External links==
*[[Patrick Colquhoun]], [http://books.google.com/books?id=MssDAAAAQAAJ&pg=PA1&dq=allintitle:+constable&as_brr=1#PPP9,M1 ''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 [http://www.gutenberg.org/etext/17894 # 17894]. [http://www.constitution.org/cmt/hotman/franco-gallia.htm HTML Version from Constitution.org].
[[Category:Law enforcement titles]]
[[Category:Legal occupations]]
[[Category:Sheriffs]]
[[Category:Law enforcement workers]]
[[Category:Police ranks]]
[[Category:Police organisation in the United Kingdom]]
[[Category:Parochial Politics of Jersey]]
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