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  • You gotta hear about this constable we have!

    Okay we have a guy in my county who has been a constable for about 4 years. The guy absolutely hates speeding. I mean it really disturbs him when he catches someone speeding. I'm not talking about just insane speeding, I mean 5 to 10 over the limit and he gets in an uproar. Here is the interesting and sad part. When he got elected, he went out and bought his own radar unit. Now keep in mind that he is a constable and technically he can effect traffic stops although it is frowned upon. Now effecting a traffic stop as constable in your own county is one thing. But imagine a constable from Tennessee attempting to pull over a car in Mississippii! No, he did not chase the car into the other state, he lit it up in that state! Not only that, he's done more than once. That is the funny part. The sad part is that no matter how many times he has been told not to do that, he simply cannot understand why he cant. I mean it simply does not register in his mind that he is a TN constable. It is competely mind boggling! Now I'm a cop and I am very pro police. If anyone thinks I'm out of line for posting this on here I am open to the bashing. I just figured most of you would find this funny and a wee bit strange. Stay safe.
    "Blessed are the peacemakers, for they shall be called the son's of God."

  • #2
    Near as I'm able to tell, Tennessee asumes the liability while he is performing
    his lawful duties within their jurisdictional boundaries, but not in another
    state. Unless there is a co-juristictional agreement with Mississippi, he is not
    a LEO in that state and could be charged with a multitude of offenses.

    Perhaps someone should inform the Mississippi State Attorney General
    about this "crusader of justice" and his zeal for enforcing the law outside
    of his jurisdiction?

    I'll bet a tip to the local media and a motivated investigative reporter
    would take the wind out of his sails.

    Comment


    • #3
      And a smart violator would take any issued tickets to court (if he is writing tickets).

      Comment


      • #4
        So, when he makes a traffic stop in another state, does he:

        -Just give the speeder an *** chewing, or

        -Call a cop with jurisdiction and ask them to issue a tag


        It does remind me of a story years ago from southern Minnesota. A Chief of a "one-horse" town has somebody like 45 in a 30 zone, or whatever in the township near his city. Since he doesn't have jurisdiction there, he gets on the sheriff's radio and states:

        "Car 35, Mankato Sheriff, I just had one at 45 in the 30 zone in the county, what should I do?"

        The reply comes back, "Point your radar the other way."

        Comment


        • #5
          What's a constable?

          Comment


          • #6
            have him try it in kentucky and see what happens.
            The sheep pretend the wolf will never come, but the sheepdog lives for that day.

            Comment


            • #7
              No sense in getting the guy fired. Since he is in your area I'm sure you can find a way to find him when your on duty. Strike a casual conversation with the guy and as a fellow public employee let him know that he is itching for trouble and it's in his best interest to stick to what he knows until (and he never will) he can change the laws regarding his position. Encourage the man to apply for Sheriff and remind him that a spotted employment record could screw that up. There is a million and one ways to help a brother out without being a rat.

              Comment


              • #8
                Originally posted by trader2773
                What's a constable?
                Up here, its the rank of LEO/PO that does ALL the work!
                #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                Proud Dad of #54266 - RCMP - 2007-02-12 to date
                RCMP Veterans Association - Regina Division member
                Mounted Police Professional Association of Canada - Associate (Retired) member
                "Smile" - no!

                Comment


                • #9
                  Like it was stated earlier, if there is no cross jurisdiction between the 2, he has no authority. Its one of the four grounds of an appeal. This courthouse is located in Jackson, MI (only for example), this incident occurred in Jackson, MI, therefore this court has jurisdiction over this case.

                  Comment


                  • #10
                    Does he have any training with his radar unit? I'm picturing someone with the generic shoulder patches from Gall's and a Jugs speedgun from a baseball game.
                    Government is not the solution to our problem; government is the problem. - Ronald Reagan

                    I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

                    Comment


                    • #11
                      Originally posted by trader2773
                      What's a constable?
                      A Constable is like a Reserve Officer only that they are appointed by the Governor of the State. An application is filed with several recommendations from Council member and other political figures and he goes through a class equivalent to a Reserve Officer (basic/basic law and powers of arrest). We have a few around here who are part time gung-ho when the mood strikes them. They have other professions (Dr., Pharmacist, Construction Workers, etc.) and are only required to do so many hours a quarter to maintain their cert. The only real difference between them and Reserves are that they can go anywheres in the state to work with an agency where most Reserves are department dependant.
                      I am a Native American of non-Indian decent.

                      Cleaning the pool, one gene at a time.

                      I'm on a 30 day diet. So far I've lost 15 days!

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                      • #12
                        Gotcha, thanks.

                        Comment


                        • #13
                          He's already been told, and he continues?

                          Originally posted by SPD 404
                          The sad part is that no matter how many times he has been told not to do that, he simply cannot understand why he cant. I mean it simply does not register in his mind that he is a TN constable.
                          Originally posted by Rogerthump
                          No sense in getting the guy fired. Since he is in your area I'm sure you can find a way to find him when your on duty. Strike a casual conversation with the guy and as a fellow public employee let him know that he is itching for trouble and it's in his best interest to stick to what he knows until (and he never will) he can change the laws regarding his position. Encourage the man to apply for Sheriff and remind him that a spotted employment record could screw that up. There is a million and one ways to help a brother out without being a rat.
                          Getting him fired would be the kindest thing a person could do for him at this stage. Anyone who was able to get him fired (dismissed, etc) would be doing him a "hummonguss" (that's a short word for "really really really huge") favor, and far from being a rat.

                          He needs to have his butt sued real good just once, and loose. It would be enough.

                          Or maybe make the mistake of stopping an off duty from Mississippi who knows a thing or two, maybe find himself arrested for impersonation (which is what he's doing in Miss).

                          That'll end that.


                          Last edited by t150vsuptpr; 04-16-2007, 12:58 PM.
                          "That's right man, we've got mills here that'll blow that heap of your's right off the road."

                          "Beautiful Daughter of the Stars."(it's my home now)

                          >>>>> A Time for Choosing <<<<<

                          Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

                          Comment


                          • #14
                            Constable

                            Alabama still has some Constables. They are elected by beat(s) which actually are sub-divisions of a county. They are not paid. They are exempt from the certification provisions of Alabama POST. Yes, they do possess arrest powers within the county of election, and that causes the problems which do occassionally arise. The Sheriff of a neighboring county flatly told the constables in his county to refrain from any enforcement activity what ever. He meant it too. Thus far, they have. Several states, Florida comes to mind, have abolished the office of Constable completely. The title Constable used in some states, should not be confused with nations such as Great Britain, Canada, Ireland etc, where a Constable is a professional Police Officer. In the United States, there are some states,(Texas) where Constables are required to be POST certified. Unfortunately, Alabama isn't one of them.

                            Comment


                            • #15
                              The following states still have constables with full law enforcement powers:

                              Tennessee
                              Kentucky
                              Alabama
                              Mississippi
                              Arkansas
                              Louisana
                              Texas
                              Nevada
                              Indiana


                              Here is some information of the Office of Constable in the State of Tennessee. Constables are elected at the district level within their counties. There general jurisdiction is coextensive with the county that they are elected in, however, they do have statewide powers. However, most only excercise such powers within their counties. The State of Tennessee has 95 counties, however, the office has been abolished in most of the populous counties and the least populous counties. The Constable has the power to keep the peace of the state. He has common law peace keeping powers. This, however, can also be abolished by the county legislative body by two consecutive meetings by a 2/3's majority of the body.

                              The duties of a Constable are mininal, however, they do have wide powers. The duties of Constables in Tennessee are as follows per Tennessee Code Annotated (TCA)8-10-111

                              1. It is the duty of a constable to execute all process lawfully directed to the constable, and to wait upon the court, when appointed by the county legislative body or by the sheriff, as the case may be.

                              (personal note) I don't see how it is constitutional for the Sheriff to ask the Constable to wait upon the court. Since their is no language for the guidance for what a Constable is to do once he is to "wait upon the court", I have never heard of any Sheriff excercising this option. It is the opinion that the Sheriff would be then be liable for any actions the Constable would take waiting upon the court.

                              2. In counties governed by a metropolitan government as provided for by title 7, chapters 1-3, any constable to whom a precept or process is directed by a judge or clerk of a court of general sessions may perform the constable's duties relating thereto by delivering such precept or process within a reasonable time to the sheriff of the county, who shall serve such precept or process.

                              It is the duty of every constable of a district to demand to see the receipt for state and county privilege taxes of every manager of a circus, menagerie, sideshow, sleight of hand or legerdemain, or any other exhibition for profit, of persons selling patent rights, and of every peddler of any article whatever, whether on foot, in vehicle, or on horseback; and, if the tax receipt is not produced, the constable shall collect the state and county privilege taxes, and shall, within one (1) week after such collection, notify the county clerk, by mail or otherwise, that the constable has collected the tax, and so much tax, and pay the tax to the clerk within one (1) month after such collection. If the constable fails to turn the tax over to the county clerk, the constable shall be proceeded against and the constable's office declared vacant.

                              Those are the duties. Now as I mentioned, they do have various and wide ranging powers. This wide range and the law enforcement powers is strongly derived from the oath of office of the Constable.

                              8-10-108 Oath of Office:
                              (a) Except as provided in subsection (b), every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.

                              (b) In counties having a population of:

                              not less than nor more than
                              ------------ -------------
                              3,700 4,700
                              6,000 7,800
                              8,400 8,500
                              8,535 8,540
                              9,200 9,570
                              10,770 10,780
                              11,500 11,511
                              11,512 11,550
                              11,700 11,900
                              12,060 12,500
                              12,550 13,000
                              14,500 14,600
                              15,300 15,500
                              15,750 16,000
                              17,000 17,350
                              18,000 18,200
                              18,300 18,900
                              19,000 19,100
                              19,130 19,140
                              21,000 21,500
                              21,600 22,300
                              23,200 23,350
                              23,355 23,391
                              23,391 23,450
                              23,500 23,750
                              24,000 24,255
                              25,600 27,500
                              27,900 28,000
                              28,555 28,600
                              28,825 28,827
                              29,250 31,250
                              31,260 33,000
                              33,700 34,000
                              35,480 41,800
                              41,900 50,000
                              57,550 59,400
                              59,500 60,050
                              60,600 62,000
                              64,000 65,000
                              101,000 118,400
                              118,700 200,000

                              according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.

                              (c) The oath of office may be administered to the constable by any judge of the court of general sessions or other judicial officer of the constable's county.

                              (d) Notwithstanding any other provision of law or interpretation thereof to the contrary, the constables in counties having a population of not less than thirteen thousand five hundred sixty-five (13,565) nor more than thirteen thousand six hundred (13,600) according to the 1980 federal census or any subsequent federal census shall continue to be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and the provisions of §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201.

                              (e) Notwithstanding any other provision of law to the contrary, the constables in counties having a population of not less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen thousand five hundred seventy-five (17,575) according to the 2000 federal census or any subsequent federal census shall be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and the provisions of §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201.

                              Can constables in Tennessee run blue lights? Yes they can. There is a little confusion over this law, however. Prior to I believe 1997 only constables in certain counties listed by brackets such as the bracket above. The law was changed to cover all constables with law enforcement powers, but the old blue light law still has the bracket deal.

                              Here is the law that covers blue lights and vehicle markings.
                              8-10-120
                              Constable patrol cars may be white with a brown stripe running horizontally along the upper side. This color scheme shall not be used by any other state or local law enforcement official or agency; provided, that any state or local law enforcement official or agency that is using such color scheme on March 29, 1996, may continue to use such color scheme. When adopted for use by a county constable, the stripe design and other emblems and lettering shall conform to the official uniform markings adopted by the Tennessee constable association or the Tennessee constable council on file with the director.

                              (b) Constable patrol cars which conform to the description in subsection (a), which are being operated as provided in § 55-9-414, and which are used as emergency vehicles, may be equipped with blue lights and/or red lights and sirens.

                              (c) Nothing in this section shall prohibit a county constable from operating unmarked cars for other law enforcement purposes.

                              (d) Any constable operating a patrol car and using the lights described in this section must have graduated from the last calendar date in-service sponsored by the Tennessee constable association or the Tennessee constable council.

                              (e) Each constable shall be responsible for all costs in marking patrol cars.

                              (f) The provisions of this section shall not apply in any county which has removed from constables any law enforcement powers.

                              (g) This section does not apply in counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000) according to the 1990 federal census or any subsequent federal census.
                              Last edited by AvalancheZ71; 04-17-2007, 01:09 AM.
                              That's what they do, it's a trailer park.

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