Pennsylvania courts, federal courts, and the legislature have repeatedly affirmed the authority and accountability of constables as law enforcement officers. Where a court gets it wrong — as the en banc Superior Court did in Commonwealth v. Wiggs — we say so, and we fight it. The materials below are provided for informational purposes only and do not constitute legal advice. Consult a licensed attorney for guidance on specific legal questions.
528 Pa. 460, 598 A.2d 985 — Pennsylvania Supreme Court — 1991
The Pennsylvania Supreme Court held that constables are executive-branch law enforcement officers and that judicial supervision of their peace-officer functions violates the separation of powers; the only lawful disciplinary mechanism is statutory removal under 13 P.S. § 31. In its analysis, the Court used the clarifying language quoted below.
"The constable is a police officer."
Later cases (Taylor 1996; Wiggs 2026 en banc) read this language in context rather than as a blanket equivalence rule. The holding is the executive-branch classification.
No. 10-836 — U.S. District Court, W.D. Pa. — 2012
A federal court held that a Pennsylvania constable exercising arrest authority acts under color of state law and is subject to constitutional accountability — the same standard applied to municipal police officers.
Memorandum opinion not available in CourtListener; the docket is on PACER (W.D. Pa. 2:10-cv-00836).
173 A.3d 1162 — Pennsylvania Supreme Court — 2017
The Pennsylvania Supreme Court reaffirmed that constables are members of the executive branch because their function is law enforcement.
Constables' "function is law enforcement."
No. 1203 MDA 2018 — Pennsylvania Superior Court — 2019
A Pennsylvania appellate court held that constables retain common law arrest authority for breaches of the peace that predates and supplements their statutory powers.
221 F. Supp. 2d 552 — U.S. District Court, E.D. Pa. (Brody, J.) — 2002
Applying In re Act 147 of 1990, the U.S. District Court for the Eastern District of Pennsylvania observed that constables are executive-branch peace officers, that judicial supervision of their peace-officer functions violates separation of powers, and that statutory removal under 13 P.S. § 31 is the only lawful disciplinary mechanism.
Various dockets — Philadelphia courts — 2018–2022
Across five or more separate proceedings — impersonation charges, firearms charges, and emergency lights — every charge against Constable Wiggs was dismissed, quashed, or resulted in a not-guilty verdict. A Court of Common Pleas ordered PSP to return Wiggs's marked police vehicle and both of his firearms.
641 MDA 2023 — Pennsylvania Superior Court, en banc — June 17, 2026
Sitting en banc, the Superior Court ruled 8–1 that a constable's vehicle is not a “police vehicle” under 75 Pa.C.S. §§ 102 / 4571, and so may not display red-and-blue emergency lights. We believe this decision is wrong — and so did Judge Stabile, whose dissent is our north star: a constable is a “police officer” by statute under § 102, which makes his vehicle a “police vehicle.” The constable is the only directly-elected officer whose arrest authority is statutory rather than merely common-law — exactly what § 102 requires. This is one more element of a concerted effort to limit directly-elected law enforcement. We are fighting it — in the Supreme Court of Pennsylvania and in the General Assembly.
Read the opinion (Stabile dissent featured) › Join the fight ›
The remedy is twofold: a Petition for Allowance of Appeal to the Supreme Court of Pennsylvania, and an amendment to 75 Pa.C.S. § 4571(b)(1) naming constable vehicles expressly.
CP-46-SA-0000254-2023 — Montgomery County C.P. (summary appeal) — Nov. 20, 2023
Constable Douglas Filson was tried de novo on summary appeal before Hon. Virgil B. Walker on charges under 75 Pa.C.S. § 3112(a)(3)(i) (failure to stop at red signal) and 75 Pa.C.S. § 4571(d) (display improper lights). The court entered a Not Guilty verdict on both counts. Originating docket: MJ-38123-TR-0000235-2023 (Whitemarsh Township).
General Constable Powers and Authority
The core statutory grant: warrantless arrest for felonies and breaches of the peace, warrant execution, civil process service, prisoner transport, courthouse security, election duties, and traffic direction.
Traffic Direction
Names constables alongside police officers and sheriffs: no person may willfully fail or refuse to comply with any lawful order or direction of a uniformed constable.
Visual and Audible Signals on Emergency Vehicles
Reserves red-and-blue emergency lights to “police, sheriff, coroner, medical examiner or fire police vehicles.” In Wiggs, the en banc court read this section to exclude constable vehicles. We believe that was wrong: a constable is a “police officer” by statute under § 102, so the vehicle is a “police vehicle.” The fix is the appeal plus amending § 4571(b)(1) to name constable vehicles expressly.
Concealed Carry Exemption
Explicitly exempts constables from the requirement to obtain a license to carry a concealed firearm in performance of their duties.
Peace Officer Definition
Includes any person with a duty to maintain public order or make arrests — constables satisfy this definition on plain text.
Act 227, P.L. 361, May 2, 1905
When Pennsylvania created the State Police, the legislature granted them "the powers and prerogatives conferred by law upon...constables of this Commonwealth." Constable authority is the original statutory baseline from which the State Police derives.
Philadelphia Police Powers
Philadelphia police hold "all the powers conferred by law upon constables of the Commonwealth of Pennsylvania." Constable power is the foundation, not a derivative, of Philadelphia's police authority.
Case summaries and statute references on this page are provided for informational purposes only and do not constitute legal advice. Consult a licensed Pennsylvania attorney for guidance on specific legal questions. External links are to authoritative public sources where the full text of each opinion or statute can be read; the linked sites are not affiliated with constablesmatter.org.