Constable
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A constable is a person holding a particular office, most commonly in law enforcement. However, the office of constable can vary significantly in different jurisdictions.
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United Kingdom and Commonwealth
A constable is a police officer in the United Kingdom and most countries with a British colonial history (now mostly members of the Commonwealth of Nations). This gives rise to the alternative name of Constabulary for the police force.
Technically, every sworn police officer in these countries is a constable, since it is from this office that they derive their powers, but in general usage it refers to a police officer without any other rank.
In British law and similar legal systems, a Constable has the legal powers of arrest given to him or her directly by a sworn oath and warrant, rather than being delegated powers that he or she has simply because of employment as a police officer. Technically this means that each sworn constable is an independent legal official rather than simply an employee of the police.
The rank of Senior Constable can sometimes mean the head of the police force in an area, but this is not the case in the UK.
Head Constable is the title for a Police Sergeant in some Commonwealth police forces and was also the title of some British police force chiefs until police ranks were standardised.
United Kingdom
The Chief Constable is the title of the head of all British territorial police forces except the Metropolitan Police and City of London Police, which are headed by Commissioners.
Other British police ranks (outside the London forces) include:
- Chief Constable
- Deputy Chief Constable
- Assistant Chief Constable
- Chief Superintendent
- Superintendent
- Chief Inspector
- Inspector
- Sergeant
- Police Constable (PC)
The additional identification prefix of Detective is added to the ranks of members of the Criminal Investigation Departments and Special Branches up to Chief Superintendent (e.g. Detective Chief Inspector, Detective Constable, etc).
Every officer still only has the powers of constable, no matter what his rank. The Commissioner of Police of the Metropolis has exactly the same police powers as an ordinary constable. Section 30 of the Police Act 1996 says that "A member of a police force shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters". By agreement, however, these powers are only generally exercised within the officer's own force area and the immediately surrounding force areas (except in an emergency). Constables have identical powers whether on or off duty, since as soon as they exercise their powers they technically come on duty.
A Special Constable is a volunteer Police Officer, with the same powers as a regular officer. The main role of a 'Special' is to work with the local Constabulary to provide a heightened police presence on the streets and in the local community. They may also be requested to police particular events such as football matches and community events.
United States
In the United States, there is no consistent use of the office of constable across the states, and use may vary even within a state. A constable can be merely an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. Or, they may be fully empowered law enforcement officers. They may also have additional specialized duties unique to the office. In some states, a constable may be appointed by the judge of the Court in which he or she serves; in others the constable is an elected or appointed position at the village, precinct or township level of local government.
Historically, the office was the same as was in the United Kingdom and has been in existence since the colonial period. However, with the development of modern police forces in the nineteenth and early twentieth century, the common law powers of constable have often been altered or removed by statute. Whereas, in the UK, constables were transformed by law into police services, in the US, state and local police services were created in addition to constables. Perhaps because of this, the title "constable" is not used for police of any rank. The lowest rank in a police organization would be officer, patrolman, trooper, and historically, private, depending on the particular organization.
A constable may be assisted by deputy constables as sworn officers or constable's officers as civil staff, usually as process servers.
In some states, villages or towns, an office with similar duties is marshal.
Alabama
Constables are elected by precinct.
Arizona
A constable is an elected officer of the county for the Justice of the Peace Court and must live in the precinct to which they are elected. They have similar powers and duties to sheriffs.
Arkansas
Same as for Arizona.
Connecticut
The positions of constable and sheriff were abolished in 2003.
Delaware
Since 1986, Delaware has had a unique law enforcement position entitled "Code Enforcement Constable". These officers can be appointed by any county or municipal chief executive officer to enforce all ordinances pertaining to building, housing, sanitation, or public health codes.
Maine
Constables have all of the powers and duties of police officers once they have completed training required by the state.
Massachusetts
Constables are appointed by towns and cities. They have statutory powers of arrest for certain offences connected to gambling, cruelty to animals, prostitution, defiling water supplies, restricting entry to medical facilities, etc. Constables can and usually do serve civil process, and capias arrests.
New Jersey
A constable is considerd a "peace officer" with very limited police authority. Their duties are mainly confined to the enforcement, and processing of civil law.
New Hampshire
New York
Constables serve at the pleasure of the local towns and villages, usually in a civil aspect for the courts. However, constables are considered law enforcement officers under New York State law. Their powers can be limited by each jurisdiction.
Pennsylvania
In the Commonwealth of Pennsylvania, the office of constable is mandated in the state constitution. All constables in Pennsylvania are elected Officers of the Court, as are all state court officers in the state system.
Pennsylvania constables, although elected or appointed at the local government level, receive no funding at all. Although elected or appointed for a 6-year term, they are not considered employees of the Commonwealth or any government body. They must provide everything for their office at their own expense (including vehicle, all equipment, office rent, liability insurance, etc). Despite the lack of funding, Pennsylvania constables still possess the police power of arrest for any felony or breach of peace on view. However, if a person is in a vehicle when they commit an offense, the constable in Pennsylvania cannot make a traffic stop, due to a Supreme Court decision (case law).
Tennessee
Constable is an elected position whose primary purpose is to service the justice of the peace courts. The Tennessee constitution allows county voters to abolish the position, especially if left unfilled for some time.
Texas
Texas constables are elected officials, similar to a sheriff, who are responsible for providing services for their precinct justice of the peace, but also for his county, and the state district courts. They have full law enforcement authority throughout their respective counties. Many constable offices have only one or two persons, but in the major metropolitan counties with four or more precints, they may have up to a hundred persons. Texas contains over 1300 constable offices employing over 3500 persons. The Texas constable is also listed as a unique independent local police agency on the United States Department of Justice's Uniform Crime Reports.
Vermont
Constables are generally elected by the town. They are charged with service of process; the destruction of unlicensed or dangerous dogs or wolf-hybrids, and of injured deer; removal of disorderly people from town meeting; collection of taxes, when no tax collector is elected; and other duties. Constables have full law enforcement authority unless the town votes to either remove the authority or require training before such authority is exercised. Cities and villages may also have constables. Their duties and method of selection are governed by the corporation's charter.
Channel Islands
Image:Bureau du Connétable, Saint Brélade, Jersey.jpg In Jersey and Guernsey, the elected heads of the parishes are titled "constables" (connétables in French). In Jersey, the constables also represent their parish in the legislature.
Ancient position
A constable was an official in some European countries during the Middle Ages, in charge of keeping the horses of his lord. The title comes from the Latin comes stabulari (count of the stables).
Military ranks
In some countries this developed into a high military rank, such as:
- The Constable of France
- The Constable of Portugal and
- The Lord High Constable of England.
The office of constable was also held by the person in charge of the defence of a castle. Even today, there is a Constable of the Tower of London.
See also
fr:Connétable io:Konestablo nl:Connétable pt:Condestável de Portugal sv:Connétable
