Pennsylvania Firearm Owners Association
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  1. #271
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    Default Re: State Constables, the best kept secret in PA.

    Quote Originally Posted by Steve in PA View Post
    But every mom & pop, podunk, part-time PD can go out and write as many speeding citations as they want using VASCAR, ROBIC, ENRAD, etc and nothing gets said. But mention RADAR and suddenly things change??
    Using anything other than RADAR is legal. Those are the tools with which they must accomplish their job, so says the State Legislature (and the PSP can lobby all they want, but the legislators have to answer to the voters).

    Yes, all the mom-and-pop, part-time PDs can indeed write as many speeding citations as they want, but if the courts see this being done to supplement their municipality's budget (which collects about ten bucks per traffic fine), the court will nip it in the bud. One month my town's PD wrote about 100 traffic tickets - 90 of which were Warnings (as opposed to paying a fine). Traffic citation collections are not supposed to fund the cost of the police department.

    The State Legislature (rightfully or wrongfully) fears the local cops would go hog-wild with RADAR and feels they can keep things down to a dull roar without it.

  2. #272
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    Default Re: State Constables, the best kept secret in PA.

    And PA is the only state in the US that does not allow "locals" to run RADAR.

    The fear that Mayberry RFD will run wild with issuing citations based on RADAR is laughable. If they can use any of the other devices, then they should be allowed to use RADAR.

    As for citations funding a department, that too is laughable and does not hold up. Every time I go to court to defend a citation, the town looses money because they are pay me 2 hours overtime which is way more than the fine money they take in.

    Some departments I know have officers getting about $35 per hearing. That's PER HEARING! Write 6 citations, have the drivers request a hearing and that officer is making over $200 for that day! There is no way the town makes money!

    There is no sane, logical reason to not allow a police department, any police department to use RADAR.

  3. #273
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    Default Re: State Constables, the best kept secret in PA.

    Quote Originally Posted by Steve in PA View Post
    As for citations funding a department, that too is laughable and does not hold up. Every time I go to court to defend a citation, the town looses money because they are pay me 2 hours overtime which is way more than the fine money they take in.
    Sure but how many people take it to court compared to how many just pay?

    Give the local cops radar and they'll just sit around and run speed traps like they do in the rest of the country.

  4. #274
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    Default Re: State Constables, the best kept secret in PA.

    Quote Originally Posted by Steve in PA View Post
    There is no sane, logical reason to not allow a police department, any police department to use RADAR.
    Remind me again how I benefit from the gubmit getting more power?

  5. #275
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    Default Re: State Constables, the best kept secret in PA.

    Quote Originally Posted by Steve in PA View Post
    And PA is the only state in the US that does not allow "locals" to run RADAR.

    The fear that Mayberry RFD will run wild with issuing citations based on RADAR is laughable. If they can use any of the other devices, then they should be allowed to use RADAR.

    As for citations funding a department, that too is laughable and does not hold up. Every time I go to court to defend a citation, the town looses money because they are pay me 2 hours overtime which is way more than the fine money they take in.

    Some departments I know have officers getting about $35 per hearing. That's PER HEARING! Write 6 citations, have the drivers request a hearing and that officer is making over $200 for that day! There is no way the town makes money!

    There is no sane, logical reason to not allow a police department, any police department to use RADAR.

    Except that many, perhaps most people do not fight tickets.

    State wide, issue of traffic citations is down. In Snyder County, traffic citations by PSP & 2 of the 3 departments is down.

    One department happens to cover a small stretch of SR 11 & SR 15. Lots of NY/NJ traffic.

    This dept writes enough citations to cause the total number of citations in the county to have an upward trend. They are out every night. Their is no reason for that boro to have a police force (the twp & other boro on the strip on 11/15 do not feel the need for police "protection").

    They are clearly fund raising. End of story.

    But you are right. We should not allow local departments to enforce speed limits with other system.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  6. #276
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    Default Re: State Constables, the best kept secret in PA.

    am i the only reader that has a problem with oscar's buddy (would that be the grouch?) writing private criminal complaints at the DJ level in his "business" as a constable? he is not the victim. he is a "witness", gaming the system for his own gain, in some way or another. if he had the authority to originate citations for violation of statute he could be admired for doing it, but if he doesn't have the authority...

    private criminal complaint is an option that is intended to protect the individual when a police officer refuses to write a complaint for a victim, for one reason, or another. often, the reasons are personal.

    for example, this might happen when a guy's angry separated wife, who happens to be a police person in one township, uses a state cop or a cop in another township to write a false criminal complaint against her husband because she was stupid enough to move out and sign custody of the kids over to him, and, as part of her plan, the cop she uses refuses to file a counter complaint naming her in the incident, even though it is standard practice to name both parties in an un-witnessed minor domestic.

    in said case, the DJ who heard her lie in testimony told her husband that if a one sided complaint was ever again written against him by one of her "buddies in blue" that the guy should come in and the DJ would help him write a private criminal complaint against her that would allow the DJ to throw her in jail for 90 days for gaming the system for her own personal purposes.

    yes, this really happened, and this is what private criminal complaints should be reserved for, not for generating an income for some asshat in a retired crown vic and a fake uniform that has no statutory arrest powers that runs around bullying people.

  7. #277
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    Default Re: State Constables, the best kept secret in PA.

    Quote Originally Posted by justashooter View Post
    yes, this really happened, and this is what private criminal complaints should be reserved for, not for generating an income for some asshat in a retired crown vic and a fake uniform that has no statutory arrest powers that runs around bullying people.
    Why do you spend energy hating constables? You don't know the first thing you're talking about--for starters. "No statutory arrest powers" tells us you can't even read, or else can't be arsed to look up the statutes.

  8. #278
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    Default Re: State Constables, the best kept secret in PA.


  9. #279
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    Default Re: State Constables, the best kept secret in PA.

    Quote Originally Posted by Adam-12 View Post
    Why do you spend energy hating constables? You don't know the first thing you're talking about--for starters. "No statutory arrest powers" tells us you can't even read, or else can't be arsed to look up the statutes.
    you know what i mean. in most counties constables are limited to serving DJ court papers and acting on warrant, but as regards most "in plain sight" criminal offenses, i have just as much power to arrest as they do (only felonies), except that they can also arrest for "breach of peace", and stand around poling places telling people that they cannot carry a firearm into the polling place, which is not true when it is a municipal building that is not a school (like where i vote).

    the ones that tick me off are the guys that appear at people's homes to serve private papers. i have heard stories from several people about constables that showed up in uniform with marked car, threatened to enter if the named party did not appear at the door to receive service, and in general pretend to be acting as an officer of the court while they were in service to private individuals or companies, without judicial order.

    can you tell me that this kind of thing is not a breach of ethics?

    thought not.

    a few examples of constables with "spotless ethics":

    Kelly Deardorff, Elected Constable from York County, Pennsylvania - Kelly Deardorff pled guilty to failing to file federal income taxes from 2001 to 2005. Deardorff was the elected Pennsylvania State Constable from York County, Pennsylvania. According to Federal Prosecutors, Deardorff did not report income received from his activities as a State Constable. Deardorff admitted on February 5, 2008 that he earned more than $680,000 over that five-year period and did not file his tax returns. He was sentenced to 13 months in Federal Prison with a year of Federal supervision after that.[22][23]

    Thomas L. Holt, Elected Constable from Bernville, Berks County, Pennsylvania - Thomas L. Holt was charged with submitting false bills for reimbursement for arresting and transporting people to court wanted on warrants. However, Berks County prosecutors alleged that those people paid their fines directly at District Court and did not even meet the constable. Berks County President Judge Jeffrey L. Schmehl issued an order to all district judges in Berks County directing the Courts to withhold work from Holt. Holt is awaiting charges of Theft by Unlawful Taking, Receiving Stolen Property, False Swearing, Tampering with Public Records, Unlawful Use of a Computer, and related offenses.[24]

    Dennis J. Mulligan, Elected Constable from Reading, Berks County, Pennsylvania - Dennis J. Mulligan was charged with submitting false bills for reimbursement for arresting and transporting people to court wanted on warrants. However, Berks County prosecutors alleged that those people paid their fines directly at District Court and did not even meet the constable.[24]

    Hector Carrillo, Elected Constable from Reading, Berks County, Pennsylvania - Hector Carrillo was convicted of charging the county $203 after fraudulently reporting that he had transported people to court on May 6, 2008. [3]

    Dane A. Spring, Elected Constable from Upper Tulpehocken Township, Berks, Pennsylvania - Dane A. Spring was convicted for trying to steal millions of dollars from an armored-car company's cash storage vault in Muhlenberg Township.[4]

    Bradley A. Buchanan, Elected Constable from Birdsboro, Berks, Pennsylvania - Bradley A. Buchanan was removed from performing constable duties after his arrest on charges he sexually assaulted a 15-year-old girl he met on Facebook. [5]

    Steven Sokoloff, Appointed Deputy Constable from Lower Merion, Montgomery County, Pennsylvania - Prosecutors alleged that Sokoloff handcuffed the wrong man at an East Norriton car dealership and then refused to release the man after finding out that he had the wrong person. Sokoloff was stripped of his power by a Montgomery County judge, who signed an order removing Sokoloff from office as a deputy constable.[25] In February 2009, Sokoloff filed to run for constable in Lower Merion Township, Montgomery County.[26] The District Attorney, Risa Vetri Ferman, filed a petition for contempt of court against Sokoloff, because Sokoloff agreed to never run for constable in Montgomery County, Pennsylvania again.[27][citation needed] Ferman, citing Sokoloff's "mind numbing arrogance" stated that Sokoloff "might as well walk up to the judge and spit in his eye."[27][citation needed] Sokoloff is currently awaiting his contempt hearing.

    Michael M. Solow, Elected Constable from West Conshohocken, Montgomery County, Pennsylvania - Prosecutors alleged that Solow evicted a person from their own home without ever having a court hearing. Prosecutors also alleged that Solow searched another woman's house without ever having a search warrant. According to the Associated Press, Solow had a history of abusing his power. This included a high speed chase through Lower Merion and Philadelphia after police discontinued the chase for safety reasons. Solow reportedly caused damage to several cars and property during the chase[28] Solow was removed by Montgomery County Court of Common Pleas Judge Paul W. Tressler on December 31, 2008 for misfeasance, malfeasance, and acts of oppression.[29]

    Peter J. Wirs, Elected Constable from Harrisburg, Pennsylvania - Peter J. Wirs was, as later admitted in Federal court, falsely convicted of theft and served jail time when he attempted to order 23 Crown Victorias from a car dealership. Prosecutors alleged that Wirs attempted to order 23 Crown Victoria's in an attempt to expand the traditional duties of constables. Wirs wanted to set up a task force to investigate prostitution and pull motorists over.[30] However, the Dauphin County District Attorney later admitted Wirs was factually innocent of all charges.[31]

    Jack Garner, Elected Constable from South Hanover Township, Pennsylvania. Jack Garner was convicted of official oppression and impersonating a police officer after confronting female motorists in two traffic and littering incidents in Lower Paxton Township. Garner was sentenced to four months of work release confinement and 10 years of probation.[32]

    Brian Frankhouser, Elected Constable from Mifflin County, Pennsylvania. Brain Frankhouser was sentenced to 10 days to 1 year in jail over charges in connection with two separate incidents: charges of retaliation against a prosecutor, terroristic threats, aiding in an escape and interfering with the custody of an inmate.[33]

  10. #280
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    Default Re: State Constables, the best kept secret in PA.

    Quote Originally Posted by justashooter View Post
    you know what i mean. in most counties constables are limited to serving DJ court papers and acting on warrant, but as regards most "in plain sight" criminal offenses, i have just as much power to arrest as they do (only felonies), except that they can also arrest for "breach of peace"...
    The latter is a statutory power. You said they have no statutory arrest power. So you admit that you were wrong before?

    Of course you can give a list of misconduct by Constables. It's interesting that you choose not to give similar lists of misconduct by cops, judges, etc., though. There's one noticeable difference: when a Constable commits misconduct, the other Constables do what they can to get him removed from office, and if his conduct is criminal, report him to the police. Something cops don't do.

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