About Us

A Pennsylvania State Constable is an office held in Pennsylvania.   It is the constable's job to enforce the law and carry it out, just the same as the job of district attorneys, sheriffs and the police (see Ant 147 of 1990, 528 Pa., at470, 598 A.2d 9S5).

  

Pennsylvania constables have the right in Pennsylvania to arrest by warrant and to conduct warrantless arrests for felonies and breaches of the peace, including warrantless arrests for felony violations of the drug laws (see Commonwealth v. Taylor, 450 Pa. Super. 583, 596, 677 A.2d 846,852 [Pa. 1996]) anywhere in the commonwealth.   They also have statutory powers of arrest (see e.g. 32 P.S. S582; S3 P.S. §13349).

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They are exempt from the need to have a carry license for their weapon 18 Pa.CS. § 6106.

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Definition of a Pennsylvania Constable

A constable is an elected official and serves six-year terms.

Constables belong to the executive branch of government.  As such, they are answerable to the governor of Pennsylvania.  They perform services for the Pennsylvania Magisterial courts, but do not belong to the judicial branch.

In Pennsylvania, constables are peace officers.   As such, they are also empowered to quell a disturbance of the peace.   A disturbance of the peace in Pennsylvania is defined as an imminent threat or danger to persons or property.   For example, if a constable observes a public brawl, then the constable may arrest the participants for breaching the peace.  According to Pennsylvania common law, a citizen may also have a limited power of arrest commonly known as a citizen’s arrest for felonies committed in view, but they are not given the shroud of authority a constable, sheriff or other law enforcement officer is given.

 

 

Duties of a Constable

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Protecting the Polls
Constables are also charged by Pennsylvania statute with maintaining order at election polls and ensuring that no qualified elector is obstructed from voting.  Constables are the only peace officers permitted at the polls on Election Day.  In fact this duty is mandated upon constables; failure to protect the polls, or provide for their protection through appointed deputies, is punishable with a fine.  

 

Working for the Courts
Constables may serve the court, but are not required to. When serving the judiciary, constables may serve judicial process, writs, arrest warrants, levies and collect fines. These services are regulated by Act 49 of the Pennsylvania statutes. The constable is paid for these services by fees which are specified in the statutes, and paid by the defendant in criminal cases or the plaintiff in civil cases.

In some Pennsylvania counties, Constables provide courtroom security and transport prisoners. For example, Chester and Berks Counties use constables for prisoner transports and courtroom security.

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Constables may also serve civil process.  Unlike judicial services, civil process may be served by any able-bodied adult, and so does not require a constable.  Constables or Sheriff's are required when enforcement of court orders is necessary.

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Constable's can provide security for the local bail wick or any other security at any county level. Some constable's work for other county police to provide traffic control plus security at certain events.

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Training
Constables are required to complete Act 49 certification and training before performing any court duties, including execution of arrest warrants.   In order to carry a firearm , Constables must complete the firearms-portion of Act 49 as well.

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Deputy Constables
Each constable may, with approval of the President Judge in the county the constable is elected in, appoint deputies to work under his authority. Each deputy is given the same authority as the constable himself, but serves at the pleasure of the elected constable. A constable may appoint Election Day deputy constables to monitor polling places in their elected districts.

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Cost of being a Constable

Constables are elected law enforcement officers but the Pennsylvania Supreme Court has ruled that constables are also 1099 independent contractors. This means that a constable is not a W2 employee of the state. Even the judicial work a constable does is 1099. A constable must pay for their own insurance, vehicles, firearms, and any equipment they carry. They must also be trained in every piece of equipment they carry. This can be very costly t a constable. The cost of ACT 49 basic training is currently $1125.00. The cost of ACT 49 basic firearms is currently $1485.00. These are costs the constable must pay out of their own pocket. As a constable is not part of an agency, a constable does not get any grants of funding from the state. The constable fee sheet has not been updated in many years so a constable working any judicial duties only makes minimal pay. An example would be warrants. A constable can be executing a summary warrant or a felony murder warrant and the cost would only be $25 for that individual warrant. The only variation is the yearly IRS mileage rate. For this reason it is crucial for the community to contact their state representative and ask them to support constables and update their fee sheets. A constable is the only law enforcement entity in the state that is 0% taxpayer funded. This means the taxpayer does not pay a dime for a constable. If it is a civil case, the plaintiff pays the constable fees. If it is a criminal case, the defendant pays the constable fees.

 

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Peacekeeping Details

Due to the cost of living expenses, many constables due peacekeeping details. These are details that a constable works that the company that contracted the constable pays. An example of the would be if you see a constable at a Walmart. A constable is there to keep the piece and enforce the law. The constable does not enforce the store's policy, they are there to maintain law and order. A constable must have probable cause to stop an individual. If someone walks out with a TV and does not show a receipt, a constable will not attempt to stop that individual unless a manager or asset protection states the individual did not pay for the item. That would give the constable probable cause under Pennsylvania Crimes Code Title 18 section 3929 paragraph D.