State Constables, the best kept secret in PA.

[freesoul]

http://www.handgunlaw.us/documents/a...sRodriguez.PDF

Here's case law that shows that PA constables are deffinetly covered under LEOSA if they have the certification.

That is by no means a definitive case, it was not an appeal and therefore not considered legal precedent. However it is not a bad thing to at least have some case law for constables under LEOSA and especially in NY.

[ungawa]

Perhaps the Constable was a deputy WCO as well? They are unable to file criminal charges on their own.

That wasn't supposed to be taken seriously

[streaker69]

That wasn't supposed to be taken seriously

He should have known that, there aren't any cougars in PA anymore.

[twency]

Originally Posted by wakefield724

I do not need to. It is simply a well known fact.

It's not well known to me. Please provide some evidence.

Still waiting, wakefield724.

[Deleted]

He should have known that, there aren't any cougars in PA anymore.

lol I know NOTHING about wildlife.... someday I will post my "first kill" stories. They involve deer, raccoon, and a rabid gopher... they are best told over cold, adult beverages.

[bort]

Complete misinformation, almost anyone including everyday people can file file a criminal complaint. The real question is will the DA accept and prosecute not who can/cant file.

[HUHwhat]

I'm looking for a part-time gig. Does this job require particular hours?

[Oscar8]

SteelCityK9Cop is both right AND wrong concerning Constables ability to write citations and file criminal complaints.

While in many areas across Pennsylvania it does not happen, there are other areas in which Constables are in fact writing citations, and filing criminal complaints. In Monroe County, Chestnuthill Township supervisors have passed a resolution that established fines for violations of township ordinances. Currently, the Constable from neighboring Ross Township regularly writes citations for ordinance violations in Chestnuthill Township. The Township issued the Constable a citation book, and the Constable has brought in a great deal of $ to the township over the past year alone just from writing citations to people parked in the fire lanes in front of various businesses in the township. I have heard that Middle Smithfield Township in Monroe County has also very recently passed a resolution directing the Constable to enforce ordinances of the township as well. I should also include that people have fought these citations so far up to the Common Pleas Court, and have lost in each case they attempted to have thrown out.

Additionally, I have heard, and read newspaper articles about a Constable in Carbon County whom regularly files private Criminal Complaints with the court for various offenses, Including ordinance violations. The articles even discuss how it was found that the court MUST accept the filing of the charges on the Criminal Complaints filed by the constable. However, it is up to the DA whether or not they wish to pursue the charges. As it turns out, the DA in the cases mentioned in that article did in fact decide to pursue the charges.

So while I think SteelCityK9Cop has proved his ignorance in various sectors of this forums specific discussion, I do agree that in most cases you will not see Constables writing citations, or filing Criminal Charges. The mere fact however, that Constables are not able to do these acts in the same manner as act120 police does NOT however mean they are unable to do so. In most cases you don't see Constable's doing it because there is little monetary incentive to do so.

[SecurityPRO]

§ 7155. Arrest of offenders against forest laws.
Title 44, Chapter 71 says this:

If a person is detected by a constable in the act of trespassing upon any forest or timber land within this Commonwealth, under circumstances as to warrant reasonable suspicion that the person has, is or may commit an offense against any law for the protection of forests and timber land, the constable may, without first procuring a warrant, arrest the person.

§ 7158. Arrest in boroughs.
In addition to any other powers granted under law, a constable of a borough shall, without warrant and upon view, arrest and commit for hearing any person who:
(1) Is guilty of a breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness.
(2) May be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens.
(3) Violates any ordinance of the borough for which a fine or penalty is imposed.

[Deleted]

SteelCityK9Cop is both right AND wrong concerning Constables ability to write citations and file criminal complaints.

While in many areas across Pennsylvania it does not happen, there are other areas in which Constables are in fact writing citations, and filing criminal complaints. In Monroe County, Chestnuthill Township supervisors have passed a resolution that established fines for violations of township ordinances. Currently, the Constable from neighboring Ross Township regularly writes citations for ordinance violations in Chestnuthill Township. The Township issued the Constable a citation book, and the Constable has brought in a great deal of $ to the township over the past year alone just from writing citations to people parked in the fire lanes in front of various businesses in the township. I have heard that Middle Smithfield Township in Monroe County has also very recently passed a resolution directing the Constable to enforce ordinances of the township as well. I should also include that people have fought these citations so far up to the Common Pleas Court, and have lost in each case they attempted to have thrown out.

Additionally, I have heard, and read newspaper articles about a Constable in Carbon County whom regularly files private Criminal Complaints with the court for various offenses, Including ordinance violations. The articles even discuss how it was found that the court MUST accept the filing of the charges on the Criminal Complaints filed by the constable. However, it is up to the DA whether or not they wish to pursue the charges. As it turns out, the DA in the cases mentioned in that article did in fact decide to pursue the charges.

So while I think SteelCityK9Cop has proved his ignorance in various sectors of this forums specific discussion, I do agree that in most cases you will not see Constables writing citations, or filing Criminal Charges. The mere fact however, that Constables are not able to do these acts in the same manner as act120 police does NOT however mean they are unable to do so. In most cases you don't see Constable's doing it because there is little monetary incentive to do so.

I will show my ignorance a little more....

A constable can not...

Write a traffic citation under Title 75 (the vehicle code)
Write a citation under Title 18 (the crimes code)

The constables writing citations under local ordinances were doing so as defacto township employees, not as official duties of constables. In fact, here is what the courts say about that....

"However, a constable, created by statute, has no authority whatsoever under that statute to act on behalf of the government unit in which he works."

The only reason the Constable has the ability to put pen to these citations is because the township has created this "power". It is not innate in the Constable. Anyone "employed" by the township could do the same.

A Constable who decides to make an arrest for a felony committed in his view (which anyone can do) at 0100 Hrs. has a conundrum on his hands... because he can't sign his own criminal complaint and take a prisoner forthwith for arraignment. In fact... he can only charge someone "privately" with the permission of the Assistant District Attorney. Same as anyone else.

Ignorant...perhaps. Ignorant of the law.... NOT