About Constables
History
Constables are the oldest branch of law enforcement in the Commonwealth, established when James, Duke of York, seized control of the territory from the Dutch in 1664, even before King Charles II granted the colony to William Penn in 1681. This point of pride is highlighted by the Constables' motto, "First in Law Enforcement".
The Constable's powers and duties originate from pre-Revolutionary British common law in which Constables were in charge of the court of chivalry, a civil court with jurisdiction over matters of heraldry, served as justices of the peace, commanded garrisons and castles, and were responsible for arming the militia and suppressing riots and violent crimes. Modern Pennsylvania courts have recognized this ancient tradition in today's Constables' powers and duties: "In determining the authority of peace officers we must consider not only statutory powers but also any common law powers which preexisted and exceed those statutory powers". -- Taylor, 450 Pa.Super. at 589, 677 A.2d at 849.
With the establishment of paid state and municipal police forces during the 19th and 20th centuries, some powers of Constables, primarily over misdemeanor criminal matters and investigative functions, were given to police departments. Constables retained civil, judicial, and peace keeping powers.
Powers & Duties
- warrantless arrest for felony crimes, offenses against any law for the protection of forests and timber land, any witnessed violation of any borough ordinance for which a fine or penalty is imposed, any unlawful act endangering personal security or property, and breaches of the peace committed in their presence, anywhere in the Commonwealth (Title 44 Pa.C.S. Chapter 71)
- investigate criminal complaints as would a detective when directed by the court (Title 44 Pa.C.S. Chapter 71)
- keep order at the election polls and ensure that no qualified voter is obstructed from voting -- constables are the only law enforcement officer permitted at the polls on Election Day (Title 44 Pa.C.S. Chapter 71)
- serve complaints, summonses, and notices for the minor judiciary (Title 44 Pa.C.S. Chapter 71)
- levy personal property for public sale to satisfy judgments (Title 44 Pa.C.S. Chapter 71)
- execute orders of possession and ejectment (Title 44 Pa.C.S. Chapter 71)
- execute warrants of arrest (Title 44 Pa.C.S. Chapter 71)
- effectuate the payment of fines (Title 44 Pa.C.S. Chapter 71)
- take custody and convey defendants and incarcerated prisoners (Title 44 Pa.C.S. Chapter 71)
- provide for courthouse security (Title 44 Pa.C.S. Chapter 71)
- direct traffic and no person shall willfully fail or refuse to comply with any lawful order or direction thereof (Title 75 Pa.C.S. Chapter 31)
- impound and sell trespassing livestock (Title 44 Pa.C.S. Chapter 71)