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Pennsylvania State Constables
A Pennsylvania State Constable is an office held in all Pennsylvania townships and municipalities except for Philadelphia, where it was abolished in the 1970s. 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 (1996 )). They also have statutory powers of arrest in certain situations (see e.g. 32 P.S. S582; S3 P.S. §13349). Constables are exempt from the legal requirement to have a license to carry a firearm in the Commonwealth of Pennsylvania, as they meet the definition of "Qualified Law Enforcement Officer" under the provisions of §18 USC 926b, the Law Enforcement Officers Safety Act.
==Definition of a Pennsylvania Constable==
A constable is a local elected official and serves six-year terms.〔see 13 Pennsylvania Statutes § 1 to 15, 21 to 23, 31, 41 to 46, 64, 67, 72 to 75, 82, 87 and 88 (2007), see also ''Preno Petition'', 77 Pa. D & C 193 (1951); ''In re: Appointment of Hunter'', 782 A.2d 610 (Pa. Commw. 2001); ''National Cash Register Co. v. Berg'', 99 Pa. Super. 34 (1930)〕
Constables belong to the executive branch of government. As such, they are answerable to the governor of Pennsylvania. However, they are not formally overseen by any state agency. They perform services for the Pennsylvania Magisterial courts, but do not belong to the judicial branch. With regard to their judicial services, the Pennsylvania Supreme Court has found constables to be "independent contractors that orbit the judiciary."〔In Re: Act 144 of 1990, Pennsylvania Supreme Court (1994).〕
In Pennsylvania, constables are peace officers.〔''In re: Appointment of Hunter'', 782 A.2d 610 (Pa. Commw. 2001)〕 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 citizens 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.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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