§ 7157. Returns and appearance.
(a) Returns.--In a county of the sixth, seventh or eighth class, a constable is not required to make a return, if required by law, to the court of common pleas if the constable has no information to impart in the return.
(b) Appearance.--A court may summon a constable to appear before it and direct the constable to investigate a complaint of a violation of law or of a condition which a constable is required to report to the court and to make a report of his investigation.
Why this section matters for the database. The criminal justice agency definitions are functional. 18 Pa.C.S. § 9102 asks whether an office is “specifically authorized” by statute to perform the administration of criminal justice; 28 C.F.R. § 20.3(g) asks whether it “performs the administration of criminal justice pursuant to a statute.” Subsection (b) is a statute that authorizes a constable to investigate a violation of law at a court’s direction. An officer sent by a court to investigate a complaint of a crime, without the ability to check whether the subject of that complaint is wanted or armed, is being sent out blind.
The State Police document never mentions this subsection. It states, as a reason to deny access, that constables do not investigate. The General Assembly wrote otherwise.
Statutory text reproduced from the Pennsylvania Consolidated Statutes (Title 44). The official source is the Pennsylvania General Assembly's online statute repository. This page is not legal advice; consult a licensed Pennsylvania attorney for guidance on specific legal questions.
