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PA STATE CONSTABLE

What is a Constable

Under Pennsylvania Law, Constables are Public Officers elected or appointed to their position in accordance with the laws of elections. A Constable is a sworn Law Enforcement/Peace Officer that can arrest for felony crimes and breaches of the peace committed in his presence, or by warrant anywhere in the commonwealth. A Constable is also an officer empowered to carry out the business of the statewide district court system by serving warrants of arrest, mental health warrants, transporting prisoners, service of summons, complaints and subpoenas, and enforcing protection from abuse orders as well as orders of eviction and judgement levies. Constables are also charged with maintaining order at the election polls and ensuring that no qualified elector is obstructed from voting. Constables are the only law enforcement officials permitted at the polls on election day. While Constables primarily serve the Courts, they belong to the executive branch of government. Constables are elected at the municipal level, however, State law governs Constables. They have statewide authority, thus, the title became "State Constable". Constables are empowered to enforce both criminal and civil laws. Police officers are empowered to enforce criminal and traffic laws. A Sheriff is the chief law enforcement officer of the County and is empowered to enforce criminal, civil, and traffic laws.

Powers of State Constables 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 generally" (see tn r» Act 147 of 1990, 528 Pa., act470, 598 A.2d 9S5[In fact, Pennsylvania constables have the right in Pennsylvania to arrest by warrant anywhere in the commonwealth, 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]). They also have statutory powers of arrest in certain situations (see e.g. 32 P.S. S582; S3 P.S. §13349. Moreover, they are exempt from the need to have a carry license for their weapon while on duty pursuant to 18 Pa.CS. § 6106.

LAW WITH REGARDS TO CONSTABLE


If a Constable or a Deputy Constable is at a courthouse on any type of
Constable-related business, he or she is entitled to carry his or her firearm. The
County may require the officer to show identification, to sign in, and to sign out,
but the County is not permitted to have any rule restricting the Constable from
carrying his or her firearm.
This is a mandatory requirement of state law.



Title 18 Section 913:
Possession of firearm or other dangerous weapon in court facility.

(a) Offense defined.--A person commits an offense if he:
(1) knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or

(2) knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.

(c) Exceptions.--Subsection (a) shall not apply to:

(1) The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.

(2) The lawful performance of official duties by a court official.

Title 18 - CRIMES AND OFFENSES
Chapter 51 - Obstructing Governmental Operations
5104.1 - Disarming law enforcement officer.


5104.1. Disarming law enforcement officer.
(a) Offense defined.--A person commits the offense of
disarming a law enforcement officer if he:
(1) without lawful authorization, removes or attempts to
remove a firearm, rifle, shotgun or weapon from the person of
a law enforcement officer or corrections officer, or deprives
a law enforcement officer or corrections officer of the use
of a firearm, rifle, shotgun or weapon, when the officer is
acting within the scope of the officer's duties; and
(2) has reasonable cause to know or knows that the
individual is a law enforcement officer or corrections
officer.
(b) Grading.--A violation of this section constitutes a
felony of the third degree.
6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.

§ 6120. Limitation on the regulation of firearms and ammunition.
(a) General rule.--No county, municipality or township may in any manner regulate the lawful
ownership, possession, transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not prohibited by the laws of this
Commonwealth.

See rule 515, 234,237,120 and rule 103
Only a police officer can execute a warrant in Pennsylvania
Constables Execute Warrants

PA TITLE 234

RULES ON CRIMINAL PROCEDURE


RULE 103:

POLICE OFFICER: is any person who is by law given the power to arrest when acting within the scope of the person’s employment.
LAW ENFORCEMENT OFFICER is any person who is by law given the power to enforce the law when acting within the scope of that person’s employment.


Rule 431. Procedure When Defendant Arrested With Warrant.

(A) When a warrant is issued pursuant to Rule 430 in a summary case, the warrant shall be executed by a police officer as defined in Rule 103.

(1) If the warrant is executed between the hours of 6 a.m. and 10 p.m., the police officer shall proceed as provided in paragraphs (B) or (C).

(2) If the warrant is executed outside the hours of 6 a.m. and 10 p.m., unless the time period is extended by the president judge by local rule enacted pursuant to Rule 105, the police officer shall call the proper issuing authority to determine when the issuing authority will be available pursuant to Rule 117.

(B) Arrest Warrants Initiating Proceedings

(1) When an arrest warrant is executed, the police officer shall either:

(a) accept from the defendant a signed guilty plea and the full amount of the fine and costs if stated on the warrant;

(b) accept from the defendant a signed not guilty plea and the full amount of collateral if stated on the warrant; or

(c) if the defendant is unable to pay, cause the defendant to be taken without unnecessary delay before the proper issuing authority.

(2) When the police officer accepts fine and costs, or collateral under paragraphs (B)(1)(a) or (b), the officer shall issue a receipt to the defendant setting forth the amount of fine and costs, or collateral received and return a copy of the receipt, signed by the defendant and the police officer, to the proper issuing authority.

(3) When the defendant is taken before the issuing authority under paragraph (B)(1)(c),

(a) the defendant shall enter a plea; and

(b) if the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the defendant shall be given an immediate trial unless:

(i) the Commonwealth is not ready to proceed, or the defendant requests a postponement or is not capable of proceeding, and in any of these circumstances, the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial; or

(ii) the defendant’s criminal record must be ascertained prior to trial as specifically required by statute for purposes of grading the offense charged, in which event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial, which shall be after the issuing authority’s receipt of the required information;

(c) If the defendant is under 18 years of age and cannot be given an immediate trial, the issuing authority promptly shall notify the defendant and defendant’s parents, guardian, or other custodian of the date set for the summary trial, and shall release the defendant on his or her own recognizance.

(C) Bench Warrants

(1) When a bench warrant is executed, the police officer shall either:

(a) accept from the defendant a signed guilty plea and the full amount of the fine and costs if stated on the warrant;

(b) accept from the defendant a signed not guilty plea and the full amount of collateral if stated on the warrant;

(c) accept from the defendant the amount of restitution, fine, and costs due as specified in the warrant if the warrant is for collection of restitution, fine, and costs after a guilty plea or conviction; or

(d) if the defendant is unable to pay, promptly take the defendant for a hearing on the bench warrant as provided in paragraph (C)(3).

(2) When the defendant pays the restitution, fines, and costs, or collateral pursuant to paragraph (C)(1), the police officer shall issue a receipt to the defendant setting forth the amount of restitution, fine, and costs received and return a copy of the receipt, signed by the defendant and the police officer, to the proper issuing authority.

(3) When the defendant does not pay the restitution, fines, and costs, or collateral, the defendant promptly shall be taken before the proper issuing authority when available pursuant to Rule 117 for a bench warrant hearing.
 
Carlo Oren
State Constable Police

Lehman Township
PIKE COUNTY

Elected Public Official (R)

State Constable Police
NE Pennsylvania Regional
Counter terrorism Task Force

Board of Directors
"Chaplain" PAFOC
Pennsylvania Fraternal
Order Of Constables

Certified, Bonded and Insured



696 Seven Bridge Rd.
EAST STROUDSBURG‎, PA‎ 18301


Office:  (570) 580 - 0799
Fax:      (570) 730 - 4665

JonCarlo.Oren@Leo.Gov

Links

U.S. Federal Court Of Pennsylvania
Affirms A Constable Is A Police Officer (2012)


Case Law Covering Constables HR 218

The Pennsylvania General Assembly

Pennsylvania Crimes Code

Pennsylvania Commission on Crime and Delinquency

Pennsylvania Fraternal Order of Constables

Pennsylvania's Unified Judicial System

Pike County, Pennsylvania

Pike County Map

Commonwealth Of Pennsylvania

Visiting Pennsylvania
Tourist Info


New Supreme Court Rules for Constables


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