The office of the Pennsylvania Constable is a municipally elected, sworn law enforcement officer throughout the Commonwealth of Pennsylvania.
Pennsylvania Constables are elected in each borough, township, and city ward in the Commonwealth—except in Philadelphia (although constables certified through PCCD may still operate in the City of Philadelphia) — and serve six-year terms. Constables may be appointed by the Court of Common Pleas of the county to serve out a term when an elected position becomes vacant.
Role in Pennsylvania government A Pennsylvania State Constable is a sworn peace officer who is directly elected by and answerable to the voters of their borough, city, ward, or township.
A court may summon a constable to appear before it and direct the constable to investigate a complaint of a violation of law.44 Pa. Stat. 7157b
A constable is prospective employing law enforcement agency that shall conduct a thorough background investigation on any applicant for deputy constable.44 Pa. Stat. 7302, 7303
In the event of a vacancy, the court of common pleas of the county of the vacancy may appoint a constable. The common pleas court may also inquire into the official conduct of the constable for failure to discharge official duties or other violations and suspend or remove the constable from judicial assignments.
Constables are authorized by statute to perform judicial services for the judicial branch after being trained and certified by the Constables' Education and Training Program administered by The Pennsylvania Commission on Crime and Delinquency, but are not an officer of the judicial branch, only the executive branch. Constables thus certified for judicial duty are empowered to serve civil and criminal complaints, summonses, and notices for the minor judiciary, levy personal property for public sale to satisfy judgments, execute orders of possession and ejectment, execute warrants of arrest, effectuate the payment of fines, take custody of and convey defendants and incarcerated prisoners, and provide for courthouse security.
Constables are charged with keeping order at the election polls and ensuring that no qualified voter is obstructed from voting. Constables are the only law enforcement officer permitted at the polls on election day, excepting those requested by the constable or judge of election for assistance. Constables are empowered to arrest without a warrant 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. Constables are "charged with conservation of the peace, and whose business it is to arrest those who have violated it... ."
Constables may collect taxes under a warrant issued by the tax collector.
Constables may execute an arrest warrant issued by a coroner.
Powers The office of constable gives ordinary persons extraordinary powers. The primary powers of the Pennsylvania State Constable and their deputies are established through common lawThe Frame of Government of the Province of Pennsylvania, and the territories thereunto belonging; passed by Governor Markham, November 1, 1696 and Pennsylvania statues. The Pennsylvania Constable is a person elected to the public office of Constable. Constables, by virtue of their office, are police officers. Constables are the oldest law enforcement in the Commonwealth of Pennsylvania.
Title 44 of Act 49 of 2009. This statute provides the authority to serve process for the Unified Judicial System of Pennsylvania, including serving summons, subpoenas, orders, judgment levies, and making arrests by warrant anywhere in the Commonwealth, make arrests without warrant for persons believed to be committing an offense against any law for the protection of forests and timberland and, in boroughs, make arrests without warrant for breaches of the peace committed in their presence. Additionally, where there is no coroner in commission in a county where a sheriff is a party to a suit instituted in a court of the Commonwealth, a constable may be directed by the courts to perform the authorized duties of the coroner.
They are also granted additional powers by various statutes. They may direct traffic, and seize registration plates and cards on behalf of the Pennsylvania Department of Transportation. They may also seize and process any dog which is found running at large, and humanely kill any dog at large in a rabies quarantine area on behalf of the Pennsylvania Department of Agriculture.
Following a recent Pennsylvania Superior Court ruling in the case of Commonwealth V. Allen, 206 A.3d 1123, 2019 Pa. Super. 88 (Pa. Super. Ct. 2019), the Court ruled that Constables have legal authority to detain individuals suspected of DUI offenses.
Constables are exempt from licensing requirements for concealed carry of a firearm.18 Pa.C.S>6106b Although the right of individuals to bear arms in Pennsylvania for self-defense shall not be questioned,Constitution of the Commonwealth of Pennsylvania Article I. Section 21 constables or their deputies must be certified and firearms-qualified as required under Act 49, Title 44, Chapter 71 - Constables, Section 7148 - Use of Firearms,Chapter 71. Title 41 - § 7148. Use of firearms. - The Constables' Education and Training Board, with the review and approval of the Pennsylvania Commission on Crime and Delinquency, shall establish standards for the certification or qualification of constables and deputy constables to carry or use firearms in the performance of any duties. to perform judicial duties.
Statutory Duties
Constables are authorized to maintain the peace and to make arrests for breaches of the peace and certain crimes committed in their presence. Additionally, Constables are required by Election Law and PA statute to maintain order at election polls and ensure that no qualified elector is obstructed from voting. Constables are the only peace officers permitted at the polls on Election Day.
Contracting Opportunity Training Constables and Deputy Constables may complete basic training administered by the Pennsylvania Commission on Crime and Delinquency and receive certification in order to perform judicial duties on behalf of the Court System. Initial training consist of 120 hours.
The initial basic training course consists of classroom instructions on the use of force, professional development, civil law, criminal law, prisoner transport, courtroom security, defensive tactics, use of OC spray and baton, mechanics of arrest, the role of the Constable, and crisis intervention. Completion of this mandatory course authorizes him or her to perform judicial duties. A separate basic firearms course consists of intensive classroom and range instruction. Successful completion of this course authorizes him or her to carry a firearm while performing judicial duties.
Each year, constables must complete a continuing education course to maintain their certification and an annual qualification course to maintain their firearms certification.
Deputy constables
General deputies With the approval of the president judge of the county in which the constable is elected, each constable may appoint deputies to work under his authority. These deputies are granted the same authority and powers as the appointing constable but serve at their pleasure.
Election deputies Additionally, a constable may appoint "Election Day" deputy constables to their statutory to preserve the peace at all polling places. These deputies are granted limited authority and are appointed before each polling day.
Controversy
Media coverage Controversy over the role of elected constables in the Commonwealth of Pennsylvania has been raised by the print media, including the Associated Press.
One Associated Press series reviewed the constabulary's legal status and asserted that, as in many elected positions, (i) there are no minimum qualifications to hold the office, (ii) the system may be open for abuse, and (iii) that statewide changes had not been carried out on at least two occasions.Scolforo, Mark, Chief Justice: Constable System a Medieval Remnant, Associated Press, July 31, 2008. Scolforo, Mark, Constable Misconduct in Pa. Sparks Calls for Reform , Associated Press, July 30, 2008Scolforo, Mark, Barriers Exist to Pa. Constable System Reforms, Associated Press, July 29, 2008.Scolforo, Mark, Prisoner Excapes[sic?] a Problem for Pennsylvania Constables, Associated Press, July 30, 2008
Some of the incidents highlighted by the press include:
In November 2011, a The Patriot-News (online PennLive) article featured two Pennsylvania State Constables, one from Cumberland County and another from Dauphin County, who were upset over a new PennDOT policy that prohibited their access to free municipal license plates.The Patriot-News (online PennLive), Two Midstate Constables Fight PennDOT Over Municipal License Plates, November 12, 2011 In February 2007, New Kensington police charged a Westmoreland County constable with drunken driving after a crash in which the constable was injured.Chuck Biedka, New Kensington Constable Charged with DUI; Valley News Dispatch; February 28, 2007 In February 2005, a Chester County constable issued his letter of resignation to Chester County's President Judge with the understanding that, in exchange, he would not be prosecuted for any sexual assault charges arising from his transport of a female prisoner.Gina Zotti, Warrant Officer Asked to Resign , Dailylocal.com, 2/11/05 In June 2003, a western Pennsylvania constable was indicted for allegedly lending his badge to a German man who was attempting to avoid airport security. The constable then was accused of lying about his role in the incident to federal agents. He was later exonerated and found innocent on all counts. Constables who fatally shot three pet dogs in Allentown in 2003 agreed to settle a lawsuit for $320,000. They had been serving warrants for unpaid parking tickets.Matthew Birkbeck, Constables Who Fatally Shot 3 Dogs in 2003 Agree to Settle Suit for $320,000, The Morning Call, posted Nov. 3, 2006 A Cambria County constable was a known leader of the Ku Klux Klan but continued in his constable post. Lehigh County Constable, Howard "Chip" Altemos, was charged with aggravated assault after shooting a fleeing unarmed man who was wanted for failure to appear in court for traffic violations.Breaking
Removed or disciplined constables Kelly Deardorff, Elected Constable from York County – Deardorff pleaded guilty to failing to file federal income taxes from 2001 to 2005. According to Federal Prosecutors, Deardorff did not report income received from his activities as a State Constable. On February 5, 2008, Deardorff admitted that he earned more than $680,000 over those five years and did not file his tax returns. He was sentenced to 13 months in Federal Prison with a year of Federal supervision after that.Hoover, Mike, Tax Evading Constable Gets 13-Month Jail Sentence , The Evening Sun, May 24, 2008.Press Release,York County Constable Pleads Guilty To Failing To File Income Tax Returns for Five Years , U.S. Department of Justice, Middle District of Pennsylvania.