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These items do not represent an exhaustive list of all services constables may provide. Please contact us by email
What Is a Constable?
- Pennsylvania State Constables are sworn peace officers directly elected in their township, borough, or ward for a term of 6 years.
- Constables are the oldest branch of law enforcement in the Commonwealth, established when James, Duke of York, seized control of the territory from the Dutch in 1664, even before King Charles II granted the colony to William Penn in 1681. This point of pride is highlighted by the Constables' motto, "First in Law Enforcement".
- The Constable's powers and duties originate from pre-Revolutionary British common law in which Constables were in charge of the court of chivalry, a civil court with jurisdiction over matters of heraldry, served as justices of the peace, commanded garrisons and castles, and were responsible for arming the militia and suppressing riots and violent crimes. Modern Pennsylvania courts have recognized this ancient tradition in today's Constables' powers and duties: "In determining the authority of peace officers we must consider not only statutory powers but also any common law powers which preexisted and exceed those statutory powers". -- Taylor, 450 Pa.Super. at 589, 677 A.2d at 849.
- With the establishment of paid state and municipal police forces during the 19th and 20th centuries, some powers of Constables, primarily over misdemeanor criminal matters and investigative functions, were given to police departments. Constables retained civil, judicial, and peace keeping powers.
- Constables are Peace Officers "charged with conservation of the peace, and whose business it is to arrest those who have violated it... It is the constable's job to enforce the law and carry it out, just as the same is the job of district attorneys, sheriffs, and the police generally." -- Commonwealth v. Roose, 690 A.2d 268, 269 (Pa. Super. 1997)
- The Constable "may arrest for a breach of the peace in his presence, and deposit the prisoner in jail, and the jailer is bound to receive him". -- Roose, 690 A.2d 268, 269 (Pa. Super. 1997); Title 61 Pa.C.S. Chapter 17
- 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. -- Title 44 Pa.C.S. Chapter 71
- Constables may be directed by the court to investigate a criminal complaint as would a detective. -- Title 44 Pa.C.S. Chapter 71
- 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. -- Title 44 Pa.C.S. Chapter 71
- Constables receive 80 hours of basic training, 40 hours of firearms training, 20 hours of annual continuing education, and 20 hours of annual firearms recertification training required under Act 49 by the Pennsylvania Commission on Crime and Delinquency (PCCD). Some of the topics in which Constables are trained include:
- Role of Constable in Justice System
- Professional Communication
- Professional Conduct
- Civil Law and Process
- Criminal Law and Process
- Use of Force
- Court Security
- Crisis Intervention
- Management of Aggressive Behavior (MOAB)
- Mechanics of Arrest
- Defensive Tactics
- Expandable Baton
- Chemical Aerosol
- Prisoner Transport and Custody
- Basic Firearms
- Advanced Firearms
- Standards of Ethics
- Constables are empowered by Act 49 certification to serve 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 and convey defendants and incarcerated prisoners, and provide for courthouse security. -- Title 44 Pa.C.S. Chapter 71
- Constables may be delegated authority to seize drivers' licenses, registration cards and plates, and impound vehicles. -- Title 75 Pa.C.S. Chapter 15, Title 75 Pa.C.S. Chapter 63
- Constables may direct traffic and no person shall willfully fail or refuse to comply with any lawful order or direction thereof. -- Title 75 Pa.C.S. Chapter 31
- Constables may collect taxes under a warrant issued by the tax collector. -- Title 44 Pa.C.S. Chapter 71
- Constables may execute an arrest warrant issued by a coroner. -- 1955 Act 130, Section 1247
- In the absence of a coroner, Constables may assume the duties of the coroner in serving process in a suit in which the Sheriff is a party. -- Title 44 Pa.C.S. Chapter 71
- Constables are "independent contractors" in that they are not paid by any state, county, or municipal government in an employer-employee relationship. Constables work on a fee-for-service and/or voluntary basis. In regard to their work for the courts, Constables are defined as "related staff", belonging to the executive branch of government, not the judicial branch.
- Constables are qualified law enforcement officers under the Law Enforcement Officers Safety Act (LEOSA), 18 U.S.C. §§ 926B & C.
- Constables may be called to come to the aid and protection of law enforcement officers, emergency medical workers, and others in fear of violence against them during the execution of their duties, but are not themselves professional "first responders" except insofar as keeping the peace.
Who can Hire a Constable? Can I Hire a Constable?
- Yes, anyone can request the services of a Constable to perform duties within their scope of authority. This includes individuals, small busineses,
large corporations, non-profit organizations, municipal governments, school districts, magisterial district courts, fraternities & sororities, hospitals,
fair associations, police departments, women's shelters, attorneys at law, banks, car dealerships, mutual benefit associations, churches, fire & ambulance
companies, PennDOT, sheriff's departments, universities, property management companies, townships, boroughs, federal agencies, et cetera. Please inquire
<> about constables' fees for services you may need or how to support constables with donations.
How Are Constables Paid?
- Constables do not receive a salary or benefits from any government branch or agency.
- In civil and landlord-tenant cases, constable fees must be paid in advance by the plaintiff to the court for services desired to be performed (which may be recouped from the defendant in a favorable judgment). Services include serving a complaint, summons, or notice, levying and selling levied goods, executing orders of possession and ejectment, and providing courtroom security.
- In criminal cases, constable fees are paid by the defendant upon conviction, or by the affiant (private criminal complaints) or county (public criminal complaints) if the defendant is discharged or indigent or the case is otherwise dismissed. Services include serving subpoenas, executing warrants of arrest, effectuating payment of fines, taking custody of and conveying defendants, attending arraignments and hearings, executing discharge, committment, or release of defendants, and providing courtroom security.
- For providing polling place security during elections, constables receive the same compensation payable to other election workers under the Pennsylvania Election Code. The compensation is paid by the county.
- For seizing drivers' licenses and registration plates and cards, constables are paid a flat fee plus mileage for each one by the Department of Transportation.
- For peacekeeping, directing traffic, civil standby, escorts, civil process serving, school security, and other non-statutory and non-court-related work,
constables receive fees from government agencies, organizations, businesses, or individuals who contract with them, or they receive donations or stipends from members of the community such as businesses, homeowners associations, organizations, or individuals in order to support their public
service work. Please inquire
<> about constables' fees for services you may need or how to support constables with donations.
Limitations on Constables' Powers
- Constables generally do not investigate allegations of crimes for the purposes of collecting evidence and making a criminal case unless specifically directed to do so in a particular case by the court.
- Constables do not enforce Motor Vehicle Code violations or conduct traffic stops. However, constables may in certain cases of flagrant negligence arrest an impaired driver for public drunkenness and distrubing the peace.
- Constables do not, in the context of their constable duties, operate "emergency" vehicles. I.e. Constables do not typically respond to 911 calls. However, Constables do operate police-type vehicles with prisoner partitions for the purpose of transporting prisoners. Some constables are also police, firefighters, EMTs, or other certified first responders who operate emergency vehicles outside of their constable role, and thus may sometimes be seen responding to emergencies in that context.
- Constables must carry a bond and liability insurance in order to work for the magisterial district courts. These financial safeguards generally apply to their work outside of the magisterial district courts as well.
Felonies and Misdemeanors (Title 18 PA Consolidated Statutes)
- The term felony, in common law, means a very serious crime; in Pennsylvania punishable by more than 5 years incarceration.
- First degree felonies, punishable by 20 years to life, include aggravated assault with a deadly weapon, rape, robbery, car jacking, arson endangering persons, assault of a law enforcement officer, kidnapping, drug trafficking or distribution, unlawful arms trafficking
- Second degree felonies, punishable by 10 years, include sexual assault, indecent assault, burglary, looting, arson, forgery, strangulation of a household member, human trafficking, statutory rape, incest, arson endangering property, agricultural crop destruction, breaking and entering, third offense identity theft
- Third degree felonies, punishable by 7 years, include criminal mischief, carrying a gun without a permit, reckless burning or exploding, grand larceny, terroristic threats causing evacuation, discharging a firearm into an occupied structure, possession of explosive or incendiary materials with intent, ecoterrorism, criminal trespass
- The term misdemeanor, in common law, means a less serious crime; in Pennsylvania punishable by up to 5 years incarceration.
- First degree misdemeanors, punishable by 5 years, include simple assault, possession of criminal instruments, terroristic threats, throwing objects at occupied vehicles, stalking, endangering child welfare
- Second degree misdemeanors, punishable by 2 years, include reckless endangerment, strangulation, criminal coercion, theft, joyriding, unlawful dissemination of intimate images, writing bad checks, repeat offense shoplifting
- Third degree misdemeanors, punishable by 1 year, include marijuana possession, petty theft, flag desecration, ethnic intimidation, tampering with fire apparatus, defiant trespass, agricultural trespass, disorderly conduct meant to cause substantial harm
- The term summary offense, in common law, means a crime that can be proceeded against summarily, without a jury trial or indictment; in Pennsylvania punishable by up to 90 days incarceration or a fine.
- Summary offenses include disorderly conduct, most traffic offenses, harassment, dangerous burning, carrying a loaded paintball gun in a vehicle, destruction of survey monuments, simple trespass, theft of services, first offense shoplifting
- The term disturbing the peace, in common law, means a crime that jeopardizes another person's right to peace and tranquility; in Pennsylvania, primarily the summary offense or third degree misdemeanor of "disorderly conduct", but may apply to other misdemeanors and felonies
- Breaches of the peace include fighting or challening someone to a fight in public, using obscene language and gestures in public, speech used to incite violence, producing loud noises meant to annoy others, harassment, intentionally playing loud music at night even after fair warning, creating hazardous conditions
- In their role as peace keepers, Constables are primarily concerned with these offenses, however may arrest for any crime committed in their presence.
Distinction between Constables and other Law Enforcement Officers
| Type | Jurisdiction | Source of Authority | Description |
| State Constable | State-wide | Common Law; PA Statutes; Voters | Serve civil and criminal process, arrest with a warrant, arrest without a warrant for witnessed felonies, transport prisoners, perform evictions, sell property to satisfy judgments, keep the peace, secure election polls, provide magisterial district court security. |
| County Sheriff | County | Common Law; PA Constitution; PA Statutes; County Commissioners; Voters | Serve civil and criminal process, arrest with a warrant, arrest suspects upon probable cause, transport prisoners, sell property to satisfy judgments, keep the peace, provide common pleas court security, issue licenses to sell and carry firearms. |
| Municipal Police | Municipality | PA Statutes; Township, City, or Borough | Patrol communities, arrest suspects upon probable cause, arrest with warrant, and investigate allegations of crimes. |
| State Police | State-wide | PA Statutes; Governor; PSP Commissioner | Patrol state & federal highways, enforce vehicle code, patrol rural areas & municipalities without local police coverage, arrest suspects upon probable cause, arrest with a warrant, investigate allegations of crimes, perform background checks. |
| Forest Ranger | State parks & forests | PA Statutes; Governor; DCNR | Patrol parks & forests, arrest suspects upon probable cause, arrest with a warrant, investigate allegations of crimes, keep the peace. |
| Waterway Conservation | Streams & waterways | PA Statutes; Governor; Fish & Boat Commission | Patrol waterways, enforce fish, boat, and environmental rules and regulations, arrest suspects upon probable cause, arrest with a warrant, investigate allegations of crimes, keep the peace. |
| Wildlife Conservation | State-wide | PA Statutes; Governor; Game Commission | Patrol public & private forests and game lands, enforce natural resource conservation regulations, arrest suspects upon probable cause, arrest with a warrant, investigate allegations of crimes, keep the peace. |
| Parole/Probation | State-wide | PA Statutes; Governor; Parole Board | Supervise and guide the transition and integration of parolees released from incarceration back into society, and keep the peace. |
| Corrections | Correctional institution | PA Statutes; Governor; Prison Warden | Supervise prison inmates who are incarcerated. |
Relevant Case Law
- Commonwealth v. Taylor, 450 Pa.Super. 583, 677 A.2d 846 (1996)
- In Re Act 147 of 1990, 528 PA 460,463 (1991)
- Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983)
- Commonwealth v. Leet, 537 Pa. 89, 641 A.2d 299 (1994)
- Commonwealth v. McGavin, 305 Pa. Super. 528, 534, 451 A. 2d 773 (1982)
- Commonwealth v. Roose, 690 A.2d 268, 269 (Pa. Super. 1997)
Purpose of the Association
The Columbia-Montour Constables Association is a non-profit, non-partisan association representing the Constables and Deputy Constables of Columbia and Montour Counties of
Pennsylvania. The Association serves to strengthen Constables' ability to govern their own affairs and best serve their constituents. To this end, the Association acts
to:
- Enforce standards of conduct and professionalism among Constables.
- Provide ongoing training and educational opportunities to refine and expand Constables' skills.
- Establish uniform appearance and continuous coverage of Constable services.
- Consolidate resources and buying power to create a better equipped and more effective constabulary.
- Support favorable state legislation, programs, and policies.
- Curate a mutually beneficial relationship with other law enforcement agencies.
- Conduct educational and public relations efforts to strengthen community support and engagement.
Professional Attributes of Constables
| Integrity | Acts with selfless good intention, adherence to rules and protocols, and code of ethics. |
| Empathy | Maintains thoughtful awareness of the needs, feelings, and situations of others. |
| Self-motivation | Performs duties according to need, law, and scope without direction and oversight. |
| Appearance | Projects professionalism, integrity, and authority through hygiene, grooming, and uniform. |
| Self-confidence | Knows and embraces their proper role, assuming or deferring authority when called for. |
| Communications | Is able to understand others and to convey information effectively to others. |
| Teamwork | Uses diplomacy to cooperate with other Constables, law enforcement, and the community. |
| Respect | Pays proper regard to the rights and importance of others. |
| Self-restraint | Does not allow emotional provocation to drive behavior toward others. |
| Safety | Always considers how actions or inactions may imperil themselves and others. |
| Self-improvement | Constantly pursues training and professional development, cultivates and sustains community relations, and maintains health and fitness. |
Peace Keeping Policy
- To facilitate their common law and statutory role as peace keepers -- since Constables do not receive a salary from any government branch or agency -- Constables may negotiate to receive a stipend from any citizen, business, or government agency to subsidize their Constable services at a particular place and time, e.g. within fairgrounds, about a neighborhood, in front of a shopping mall, or at a carnival. However, the patron in this case is not an employer and the Constable's primary clientage with regard to their services is the general public. The patron enjoys the fruits of reduced crime and disturbances of the peace as a secondary consequence of the Constable's presence and self-directed activities within the vicinity of the place and time prescribed. As per state ethics rules, constables may not be improperly influenced in the performance of their authorized duties through acceptance of anything of monetary value.
- Constables shall never be "employed" by an individual, agency, or other entity in the capacity of "security" or "patrolmen" or "private detective" or "private investigator" or "watchmen", where employment entails the direction by the employer over the employee's activities and responsibilities. Constables may certainly give consideration to any stated concerns from a patron, law enforcement, property owners, or others in order to determine how to direct their activities to the best overall effect. Addressing particular concerns of a patron cannot, however, be the basis of whether a stipend gets paid.
- Constables shall never describe themselves as "police" or intentionally create any confusion about the distinct roles of Constables and other law enforcement officers or imply that they derive their authority from the county or municipal government, unless directly given authorization or lawful orders in a particular case from a police officer or other authority. Constables' regular authority comes from statutory acts and common law, and they act upon their own cognizance and are alone responsible for their actions.
- In the event that a Constable witnesses a crime in progress, they should preferentially call/radio County Communications with the location and nature of the crime before engaging in any direct confrontation to intervene in the crime or detain the perpetrator. Dispatch may then notify other law enforcement and/or direct the Constable in how to respond based on available resources, e.g. to wait for backup or effect a detention. However, Constables have the ultimate discretion to act within their scope as they see fit, with appropriate consideration of other law enforcement and the urgency of the situation, especially to save life or limb.
- Constables should wear body cameras while in public or -- with prior notice to and permission from anyone recorded -- within non-public spaces so as to document possible criminal activity for later subpoena in criminal trials and to protect all parties from undue liability and malfeasance.
- Constables do not "report to" anyone, but perform their peace keeping services for the general public. However, they should keep detailed records of their time "on duty" and share pertinent information -- with all due respect to the privacy of others and confidentiality of private information -- with the Constables association, public officials, law enforcement, property owners, and Constable patrons with appropriate and measured discretion, including observance of laws such as HIPAA.
- When receiving a stipend, all of the aforementioned should be clearly described within the terms of a standard contract or memorandum of agreement (MOA), which the District Attorney may review and approve, if desired, whenever the presence and services of a Constable are sought so that there is no confusion about the nature of the relationship by any party.
