User talk:2606:9400:8A9F:7BE0:A058:3CB2:DF2D:479

Constables charged with impersonating
For dispositions review: https://www.stateconstable.us/section-13-wiggs-disposition/ which lists the dispositions of Constables that have been charged with light violations or impersonation. Each has been quashed or found not guilty. These cases occurred in the counties of Philadelphia, Northampton, and Montgomery. The Wiggs, NJ case is on appeal. The question will be, can NJ tell PA who PA entrusts with police powers? Wiggs entered a conditional guilty plea which allows him to remain free while the case is on appeal.

For case history: Read Galluze v Miller. https://law.justia.com/cases/federal/district-courts/pennsylvania/pawdce/2:2010cv00836/192016/52/ Quote from pages 15 and 16: PG15: "The preliminary issue to be  decided here  is  whether  a  constable  is  a  police  officer  for purposes of this claim.  While there is some authority that could be construed as opposed to such a conclusion(see Roose,  690  A.2d  at  242-43, which relied, in part, on the definition of “police officer” in the Pennsylvania Crimes Code11), the majority of authorities that this court could find on this matter suggest otherwise."

PG16: "The court concludes that in the context of those cases a constable is a police officer."

For definition of Police Officer: Read Title 3 - https://govt.westlaw.com/pac/Document/N627753D077FE11EEBB90E3AD7942AD46?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default).

“Police officer.” Any person employed or elected by this Commonwealth, or by any municipality and whose duty it is to preserve peace or to make arrests or to enforce the law. The term includes constables and dog, game, fish and forest wardens."

Lastly, compare and review powers of municipal police and constables:

Title 11 § 12005. Powers of police officers to arrest. (Third Class Cities) Police officers shall be ex-officio constables of the city and shall enforce the laws of this Commonwealth or otherwise perform the functions of their office in accordance with 42 Pa.C.S. §§ 8952 (relating to primary municipal police jurisdiction) and 8953 (relating to Statewide municipal police jurisdiction) and upon property owned or controlled by the city or by a municipal authority created by the city. A police officer may, without warrant and upon view, arrest and commit for hearing any and all individuals: (1) Guilty of: (i) breach of the peace; (ii) vagrancy; (iii) riotous or disorderly conduct; or       (iv)  drunkenness. (2) Engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens. (3) Violating any of the ordinances of the city for the violation of which a fine or penalty is imposed.

Now to Constables:

Title 44 § 7158. Arrest in boroughs. In addition to any other powers granted under law, a constable of a borough shall, without warrant and upon view, arrest and commit for hearing any person who: (1) Is guilty of a breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness. (2) May be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens. (3) Violates any ordinance of the borough for which a fine or penalty is imposed.

You may notice that while a police officer may arrest, a Constable shall arrest.

Constables of townships and wards are no different and have the same powers. 24.102.193.55 (talk) 12:28, 3 July 2024 (UTC)