In the United States, there is no consistent use of the office of constable throughout the states; use may vary within a state. A constable may be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. They can also be fully empowered law enforcement officers. Constables may have additional specialized duties unique to the office. In some states the constable is an elected or appointed position at the state or local level of local government. Their jurisdiction can vary from statewide to county/parish and local township boundaries based on the state's laws.
The office developed from its British counterpart during the colonial period. Prior to the modernization of law enforcement in the middle 19th century, local law enforcement was performed by constables and watchmen.A Brief Guide to Police History , North Carolina Wesleyan College Constables were appointed or elected at the local level for specific terms and, like their UK counterparts the Parish Constable, were not paid and did not wear a uniform. They were often paid a fee by the courts for each writ served and warrant executed. Following the example of the British Metropolitan Police established in 1829, the states gradually enacted laws to permit municipalities to establish police departments. This differed from the UK in that the old system was not uniformly abolished in every state. Often the enacting legislation of the state conferred a police officer with the powers of a constable, the most important of these powers being the common law power of arrest. Police and constables exist concurrently in many jurisdictions. 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, deputy, patrolman, trooper, and historically, private, depending on the particular organization.
In many states, constables do not conduct patrols or preventive policing activities. In such states the office is relatively obscure to its citizens.
A constable may in some jurisdictions 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 In Alabama, a constable is traditionally elected from each election precinct.Ala. Code § 36-23-1(a), accessed 2020-02-23. Counties may abolish the office of constable by county ordinance.Ala. Code § 36-23-1(b), accessed 2020-02-23. Many have done so: as of 2015, only 24 of Alabama's 67 counties still had constables.
Alabama constables are peace officers and have full powers of arrest, stop and search within their county, except in certain counties which have had their constables' powers limited by act of the State Legislature (Etowah and Jefferson Counties).Section 36-23-5 , Alabama State CodeSection 15-5-30 , Alabama State CodeSection 15-10-1, Alabama State Code They are generally responsible for serving warrants and acting as process servers, as well as patrolling the streets and providing security for civic events. They are not funded from general tax revenues; instead, constables' fees are paid by the criminals they arrest.About the Constables Mobile County Constables' Office
Alaska In Alaska, a constable is an appointed official with limited police powers. The military police arm of the Alaska State Defense Force, a voluntary state defense force, is designated as the constabulary force of the state. This agency is empowered to act in a police capacity when called into service by the governor. Some official missions the constables have officially performed include port security after 9-11, disaster relief, and Alaska Pipeline patrols. They were put on initial alert to deploy to Bethel in 2007 when 9 of the 11 officers of the city's police department resigned in protest over a pay and benefits dispute with city officials. They were not ultimately needed for that mission and were never deployed. Unlike many so-called militias, many of which are voluntary and non-state affiliated, the Alaska State Defense Force is state-recognized under the state's authority to have a state-exclusive militia or guard, in addition to the National Guard of the Army and Air Force. Alaska also has a naval militia composed of reserve US Marine Corps and Navy personnel, who serve as needed, but not in conflict with their federal military reserve duties. The Alaska constables receive police training from the Alaska Department of Public Safety. They act in an official police capacity only when called into service by the State of Alaska, which has a broad statute governing citizen's arrests, which is why Alaska has Village Public Safety Officers (VPSOs) all of whom are fully academy-trained, employed by local tribal non-profit corporations and are deputized by the commissioner of public safety to make misdemeanor non-traffic arrests and charge for violations. Other similar officers are tribal police officers (TPOs) of local tribal communities and village police officers (VPOs) all of whom receive limited training. This is due to the scarce availability of law enforcement personnel in remote areas of the vast state.
Arizona In Arizona, a constable is an elected peace officer of the county for the justice precinct and must live in the precinct to which they are elected. The constable serves a four-year term and has similar powers, duties and authority as the sheriff. Sheriffs and constables are the only two elected peace officers in the State of Arizona. Constables have been part of Arizona since the territorial government was formed in 1864.
The authority of constables is defined by Arizona Revised Statutes Title 1, Section 215; Title 13, Section 105; Title 22, Section 131; as well as Title 13, Section 3804. Constables have similar powers, duties and authority as sheriffs, but their primary responsibility is to execute court orders for the justice of the peace or other competent authorities. Constables serve protective orders, summons and subpoenas, court orders, service of process, writs and arrest warrants, and act as court bailiffs. Constables are peace officers, but in Arizona do not perform general police functions such as patrols or criminal investigations. However, by virtue of their peace officer status, a constable may be required to take enforcement action to preserve life and property in immediate situations. Constables and their deputies have authority throughout their county, and any precinct in another county contiguous to their own precinct 22-131, Arizona Revised Statutes All deputy constables are required to be certified officers by state law, and some constables chose to become certified peace officers.
Constables are required to attend AZPOST approved basic training, and their expenses are paid by the county board of supervisors and various grants.22-132, Arizona Revised Statutes Constables receive a salary from their respective counties based on the number of registered voters who reside in their precinct. Most Arizona counties have from two to five constables. Maricopa county has 26 constables, Pima county has 9 constables, and Pinal county has 6, while both La Paz county and Santa Cruz county have one constable each.
Arkansas In Arkansas, constable is an elected office at the township level, although they are also elected at the district level in some counties. although constables are municipally elected at either the township or discrict level, they are considered county officers. The office of constable, which is a partisan office, is guaranteed by the 1874 Constitution of Arkansas, which provides for the election of a constable in each township for a two-year term. Constables are peace officers with full police powers, similar to county sheriffs or police officers.
California Historically, constables in California were attached to the justice courts, the lowest tier of the state court system (whereas sheriffs served the county superior courts). Depending on the county, constables were either elected by popular vote or appointed by the county supervisors to a township (later a judicial district). Constables had full police powers by state law and carried out occasional to frequent patrol work in addition to service of process and serving arrest warrants.
Legislation in 1923 allowed the creation of municipal courts in cities with over 40,000 people, with marshals to enforce their orders and provide security. As populations grew, and municipal courts pushed out justice courts, constables were slowly replaced by marshals. Municipal marshals were consolidated into single county offices in 1970. By the late-1980s few, if any, constables remained. The state courts were unified in 2000, with the superior court fulfilling all judicial functions, and the office of constable was formally eliminated.Study J-100, California Law Revision Commission
Connecticut There are two types of constables in Connecticut.
Special constables are appointed by towns. In general, they are appointed to serve as police officers and expected to have or complete the requirements of the Police Officer Standards and Training Council in order to do so. Special constables normally work under the supervision of a resident state trooper contracted by the town (a requirement of the Connecticut State Police if the town wishes their constables to be dispatched by the state police or have access to the radio and computer system of the state police). The system of resident state trooper and constables is used by many medium-sized towns as a cost-effective way of providing increased police patrols while the state police retain primary responsibility to provide additional levels of supervision, dispatch, detective, and other specialized services.
Constables who are elected officials are generally limited to serving civil process within the town they are elected by. Elections are held every two years, except communities which by local ordinance or charter have set the term of office at four years. While a small number of towns will also allow the constables to perform road traffic control and event security functions, most strictly prohibit their constables from acting in any official capacity on behalf of the town. The authority to act as a law enforcement officer by nature of their office was removed in 1984, at which time they became subject to the Police Officer Standards and Training Council requirements. In 1984 these requirements were for 480 hours of training, which could be completed in 120-hour-long "blocks" which were offered as part-time evening classes. With completion of each block came expansion of the types of law enforcement the officer could perform. While it was never common after 1984 to have elected constables with law enforcement powers, there were a few who did complete certification. As of 2007, POST requirements of 680 hours of training provided on a full-time basis for new officers, followed by 400 hours of training provided by a certified field training officer make completing the requirements to be a law enforcement officer impractical for elected constables.