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September 23rd, 2012, 08:14 PM #51
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Re: PA Constable Arrested by NYPD for Concealed Carry???
Yes, sounds like the guy who thought it was completely ok to open my front door and walk into my house when he was looking for a neighbor who had moved away years earlier. Not cool. Situation ended with me telling him to get the f**k out of my house, onto the porch, and take his hand off his weapon if he wanted to talk to me. It could have gone in a much worse direction I suppose, although I wonder exactly what is the correct response in a situation like that, and was there something else I should have done.
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September 23rd, 2012, 08:22 PM #52
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Re: PA Constable Arrested by NYPD for Concealed Carry???
The best response would have been to call the police, document his actions and if you wanted to go the distance you could have petitioned the courts to remove him from office (over his actions). At the very least you should have demanded to see and talk to the MDJ who issued the warrant. I would have bet after that talk, the MDJ would not have been giving that cowboy anymore work.
There are far too many jackass cowboys out there who got elected constable and will do the kind of dumb crap you mentioned. It hurts all of us when these guys act stupid.
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September 23rd, 2012, 08:27 PM #53
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September 23rd, 2012, 08:33 PM #54
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Re: PA Constable Arrested by NYPD for Concealed Carry???
Last edited by constable653; September 23rd, 2012 at 08:37 PM. Reason: botched up post
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September 23rd, 2012, 09:11 PM #55
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Re: PA Constable Arrested by NYPD for Concealed Carry???
I don't know the particulars, but you do know that a WARRANT empowers the LEO carrying it out to enter forcibly what he reasonably believes to be the domicile of the defendant named on the warrant, right? And if your address is the one on file with the DMV, it's perfectly reasonable to believe that it's his domicile, especially given there's a law requiring licensees to file a change of address within 15 days.
Note that I usually do not enter forcibly, for all sorts of good reasons--but if you think they aren't allowed to do it, you should think a little about what "warrant" means.
It could have gone in a much worse direction I suppose, although I wonder exactly what is the correct response in a situation like that, and was there something else I should have done.
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September 23rd, 2012, 10:07 PM #56
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Re: PA Constable Arrested by NYPD for Concealed Carry???
If you just think you can say "I had good reason" without being able to articulate detailed specifics of why you entered a home of a neighbor, you're not only asking for, but, seeking out trouble. There is going to come the time that you do something like that and you're going to find out just how much a DA and jury can screw you. Lack of research on the part of the constable is not justification to enter a home, especially a neighbors home. Running around forcing your way into homes when you've not seen the subject inside or enter the home is the exact kind of cowboy nonsense that needs to stop. There absolutely nothing in any PA statue that says that you can kick in any and all doors in the service of a warrant. Keep doing that stuff and you'll find out how little the 250/500 policy actually covers and you'll learn how the DA applies the official oppression charges.
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September 23rd, 2012, 10:17 PM #57
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Re: PA Constable Arrested by NYPD for Concealed Carry???
I never said "neighbor," I said "domicile of the defendant." Read more carefully. Thanks.
There is going to come the time that you do something like that...
There absolutely nothing in any PA statue that says that you can kick in any and all doors in the service of a warrant.
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September 24th, 2012, 07:10 AM #58
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Re: PA Constable Arrested by NYPD for Concealed Carry???
Thanks for the negative feedback bro, the cowboy constables hurt all of us when they do something dumb (like walking in to a neighbors house) and the press writes about it. The press never writes anything good about our office. You also have the legal right to round up trespassing livestock and fine the owners. When's the last time you did that? I must have missed the last con ed on lassoing a trespassing cow, I have no idea how I'd even transport it.
You're the one who needs to read twice and comment one. You're reading things into. This stuff scares me. I can only image what some of these cowboys do and say when taking someone into custody.
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September 24th, 2012, 07:13 AM #59
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September 24th, 2012, 08:34 AM #60
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Re: PA Constable Arrested by NYPD for Concealed Carry???
I chose to address a different point: whether constables have any authority to forcibly enter under certain circumstances. They do. That's what an ARREST WARRANT is: it's an authorization and a command to take forcible possession of someone's person, using any reasonable and necessary force, including forcible entry of the warrantee's domicile.
There are several very good reasons that we don't simply show up and kick down doors. Nevertheless, the power exists and may sometimes be lawfully used. In the case of criminal "straight to jail" warrants, it is used many times a year.
You clearly know something about the office, so I accept your claim to be one yourself. But you also have a hate on for your fellow constables, which makes you sound like the old guys in the PA State Constables Association, who have been working for years now to gut the office, e.g. by collaborating to eliminate the statutory authority to perform on view arrest. It's also suspicious that you register under that name, to make your first posts in this thread. Your warning to the guy who resurrected the thread was excellent, but you've taken a turn for the worse since then.
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