What is a Constable?
In Pennsylvania,
Pennsylvania State Constables are sworn law enforcement officers who duty is to support, obey, and defend the Constitution. They are elected or appointed to a six-year term of office. Constables play an important role as officers of the peace – empowered to quell a disturbance of the peace, perform statutory duties under Pennsylvania’s Dog Law, and with the statutory authority to make warrantless arrests for felonies, as well as trespassing offenses against forest laws if detected within their presence. They also are an integral part of the judicial and elections systems.
Constables are mandated by statute to provide peacekeeping duties at all elections, 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. Constables are defined as “police officers” under Pennsylvania’s Dog Law, and have statutory authority in the recovery of dogs at-large in public or upon the property of a person other than the owner of the dog.
Pennsylvania State Constables are not supervised by a municipality, county government, District Attorney, Court, or Sheriff. Constables have statewide jurisdiction and are considered to be the “Peoples Peace Officer” because as elected officials they are independent of other governing bodies. This provides the Constable with the freedom and authority to perform the duties of the office according to statute in the interest of justice. Constables are considered by the PA Supreme Court as “independent contractors” that orbit the judiciary for court related work, and whom belong analytically to the executive branch of government. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991). Constables aid the judicial process, but are not supervised by the courts. Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983). A minority of Constables are trained and certified by the Commonwealth under Act 49 to serve process within the Unified Judicial System (to include the authority to arrest by warrant anywhere in the Commonwealth).
Constables do not investigate the crimes code, nor are considered “first responders” in the vein of your local police or fire departments. However, Constables can assist with tasks that allow those professionals to focus on their primary duties. Such as, Constables are empowered under PA Vehicle Code Title 75 § 3102 to direct traffic
Did You Know?
Constables receive no tax funding for their office. They must purchase all of their own uniforms, firearms, vehicles, fuel, bond, professional liability insurance, duty equipment, office supplies, and overnight lodging & meals for training – entirely at their own expense.
Differences Between Constables, Sheriffs, Police & Game Wardens
State Constables
Empowered to enforce both criminal laws and civil laws. Does not investigate crimes or enforce traffic laws. Can enforce municipal ordinances. Statewide jurisdiction. Elected.
County Sheriffs
Empowered to enforce criminal laws, civil laws, and traffic laws. Does not investigate crimes. Countywide jurisdiction. Constitutionally elected.
State Police
Empowered to enforce both criminal and traffic laws. Does not enforce civil laws. Investigates crimes. Statewide jurisdiction. Governed by their respective jurisdiction.
Municipal Police
Empowered to enforce criminal and traffic laws. Does not enforce civil laws. Municipal-wide (borough, township, and county) jurisdiction. Governed by their respective jurisdictions.
State Game Wardens
Empowered to enforce and investigate all laws of this Commonwealth relating to game or wildlife. Statewide jurisdiction. State employed.