Constables in Mass

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IF, and that's a big if, the PD gives a constable a citation book, that means the constable has the blessing of said PD to do traffic stops. And if you then decide to screw with the constable and call the PD (or 911), then you will just make matters worse for yourself.

Oh I get it.....you must be one of those constables we are talking about here. Honestly I never understood the need for a "constable".....basically a messenger for legal documents.......why the need for a badge and the kinda half ass title of "law enforcement officer". Seriously......[smile]
 
Really what would you do when you got to the clerks hearing and found out the Constable was a retired cop who knew what he was doing? They are out there, But for them to do a M/V stop, the violation of law would have to be one absolute need.

I base my opinion here from knowing a "constable".....a losers in high school that was total "wanna be" a marine but too chicken shit to enlist and then "wanna be" a cop and flunked out of college trying to get a cj degree and then by the time he quit college was too fat and out of shape to get hired and go to the academy. Guess my opinion of constables is skewed here by that! [smile] you said it first......they are out there![rolleyes]
 
How's he going to pull you over anyways?? Honking an waving at you?! In order to run blue lights he needs a blue light permit which I would love to see a constable try to get one.

The 'real' cops usually don't think so find of constables.
 
IIRC the constable was the title used before the term police officer was used. In Canada they are still called constables in most places. The Mass State Police was originally called "The Constabulary"

In the south, the constable is like the state police.
 
Oh I get it.....you must be one of those constables we are talking about here. Honestly I never understood the need for a "constable".....basically a messenger for legal documents.......why the need for a badge and the kinda half ass title of "law enforcement officer". Seriously......[smile]

Constable has meant different things in different times and locations. In Mass a Constable is essentially a law enforcement officer of the civil court. In some jurisdictions, particularly in the rural south, a constable is a town police officer, often times the only officer employed full time for that function. In PA the function is unique: essentially an elected police officer.


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Are we having fun yet?


I know of several FFL's that view the law this way and will order/transfer any firearm (EEOPS List or no List)

If you know this, KEEP IT TO YOURSELF! We already have one MA <ex> FFL indicted for doing just that and bragging about it. We don't need to lose more dealers in the state and yes, EOPS and the AGs office READ this forum!

I would love to have a constable pull me over! That would be an interesting conversation! [rofl]

The place to challenge things is in court, doing it by the side of the road is fraught with risk that you probably wouldn't like the outcome. The likelihood is slim to none of this happening short of someone perhaps OUI driving all over the road (or wrong side of the road) with the objective of stopping him/her before they kill someone (exigent circumstances). Reason was explained above . . . we wouldn't get paid, would have to waste unpaid time in court, etc. all for nothing.

Now that said, our current Deputy Chief suggested to me that I ask the Chief for a ticket book to tag the mental midgets in town who park in the handicapped spaces at the commuter rail . . . dropping off family members (by sitting there until the train arrives) or waiting for the train to arrive (at the end of the day). Since my late Father lost a leg to diabetes and had HP plates I am quite sensitive to the abuse of HP spaces by people whose only handicap is a lack of working brain cells. However, I never did follow-up on this. But I have Emailed the Chief (and town parking officer) pictures of some cars & plates that did violate the HP parking laws . . . what they did with the info is up to them.


Provided below are some of the MGL's that govern constables. It's what I've found so far.
The motor vehicle law states “Police officer” or “officer”, any constable or other officer authorized to make arrest or serve process, provided he is in uniform or displays his badge of office"...which to me says a constable may enforce motor vehicle law. I believe most constables wold agree but would like input from them.

Yes, we have statutory authority, but we'd be stupid to use it. And PDs are "union jobs" and are very protective of "their" turf, so it's a great way to piss them off.



ANother actual constable already posted hear that no actual training is required to be a constable.....so.....if a constable pulled me over for a traffic violation and gave me a ticket I have a feeling it would be pretty easy to fight that one incourt!!!!

Sadly no training is required (I've tried to change that, ask John Sofis Scheft, Esq.). Don't bet on winning "just because a Constable wrote it"! There is no "Ticket Writing 101" class in the Police Academy . . . but there is a "Report Writing" class and some of us actually know how to write a report (and graduated from the police academy). Also people like myself and a W. MA retired Chief that I met actually worked as police officers for years before becoming a Constable.


If you want to be a cop, join a police force. If a constable tried to pull me over, I'd be on 911 in a heartbeat. And once the black-and-white got there, he would be seriously pissed -- at the constable.

And if it was exigent circumstances, what makes you think that the Constable didn't make that call first? I have a very good working relationship with my PD and work to maintain that on a professional level.


Despite what the law may say about CH 90 powers, they don't have a department to issue them Citation books, same goes for Deputy's therefore have no power unless it is an arrest-able offense. Talk to Sheft about it lol

Correct. The RMV ONLY issues ticket books to PDs and the S/Ns of the books are logged to that PD. I recall a Sheriffs Dept getting some books and there was a lot of noise about finding out which PD gave them the books. To say it is frowned upon is a gross understatement. [You spelled John's name wrong.]


Exactly. A constable has to ask the specific police departments for a citation book. If the police issues him the book, then he can write tickets all day long (within that town). Now if anyone fights those tickets, then the constable has to go to court himself to defend it. And the constable does not get paid for doing so, nor does he get paid for writing the actual ticket. So it really is a waste of time.

Absolutely correct as I mentioned above.


I base my opinion here from knowing a "constable".....a losers in high school that was total "wanna be" a marine but too chicken shit to enlist and then "wanna be" a cop and flunked out of college trying to get a cj degree and then by the time he quit college was too fat and out of shape to get hired and go to the academy. Guess my opinion of constables is skewed here by that! [smile] you said it first......they are out there![rolleyes]

Sadly a lot of MA Constables are much less than "professional" and create problems for the rest of us. I do wish there was a real vetting process, but it tends to be highly political (who you know) and the lack of training really amplifies this problem. I worked closely with John Sofis Scheft, Esq. on a Byrne Grant to study how we could improve all LE training in the state. The end result (a report collecting dust) sits above my desk. One of the state Constables assns (there are 2) was so dead set against any training that I up and quit that org and also didn't let them know about the work I was doing with John on this project. I am now a member of the other state assn and they do provide some decent training of their own, but it is still nowhere near what is truly needed to understand this job.

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And to the person who said we don't need Constables . . .

- MGL makes it ILLEGAL for a Police Officer to serve Civil Process.
- MGL allows Constables to serve both Civil and Criminal Process (but we don't usually do the latter).
- If Constables didn't exist, under MGL you would NOT be able to successfully sue anyone in Civil Matters as there would be no way to attest that the person was served a legal notice of the lawsuit.
 
And if it was exigent circumstances, what makes you think that the Constable didn't make that call first? I have a very good working relationship with my PD and work to maintain that on a professional

Len, first, I don't do anything that would cause exigent circumstances. I don't drink and I don't drive recklessly. Second, if he is already on the phone with the PD, then the dispatcher will tell me that a cruiser is already on the way, and I'll know this isn't the worst kind of fake cop. Third, as you said yourself, policing is a union job and they are protective of it -- as long as you are serving legal papers, they are fine with that. If you start pulling cars over for speeding, they aren't going to be fine with that.
 
Also from a lawyers perspective, I tend to use the same folks over and over, especially for Capias warrants. I would imagine that makes it tough to break in unless you work for one of the larger companies or do PI work.

Right. Once you become a constable lining up steady business would be the hard part unless you have connections with some law firms already. A lot of attorneys use the sheriff departments over constables.
 
Len, first, I don't do anything that would cause exigent circumstances. I don't drink and I don't drive recklessly. Second, if he is already on the phone with the PD, then the dispatcher will tell me that a cruiser is already on the way, and I'll know this isn't the worst kind of fake cop. Third, as you said yourself, policing is a union job and they are protective of it -- as long as you are serving legal papers, they are fine with that. If you start pulling cars over for speeding, they aren't going to be fine with that.

I was describing what might happen, not aimed at you in particular with that example.

Yes, the local PDs do not like anyone stepping on their turf. In fact that is why in E. MA the MSP and local PDs do not typically play well together either. When I was a Reserve PO, some in the department hated our guts, claiming we were taking money out of their pockets . . . until a couple of events occurred (wedding between 2 officers, Christmas when everyone wanted off to be with family) and then they begged us to take the shifts and work for them! [Once I was sitting in the chief's unmarked discussing a matter that he had never taken care of (incident when I was a Reserve PO) and I mentioned that as a Constable I had the legal power to run a speed trap from the bottom of my driveway (I was intentionally tweaking him) . . . I thought he was going to create a moon-roof in his cruiser! It was fun watching him spin out of control on that thought! [rofl] ]


Right. Once you become a constable lining up steady business would be the hard part unless you have connections with some law firms already. A lot of attorneys use the sheriff departments over constables.

1000 times more difficult than anyone can imagine. By MGL Constables have limitations on what they can serve outside the town they are appointed in, we also have limitations based on the dollar amount of a lawsuit. Sheriffs Dept doesn't have these limitations (they have a very good lobbyist) anywhere in the county. However, in most cases you can't get the Deputy Sheriff to serve it when you want to have it served (they are gov't and will do it whenever they please) and I've been told by those that hire them that the Deputies will only serve it between 8AM and 5PM, Monday thru Friday. Constables will serve it when the client requests (they may charge extra, but they get it done) and I don't serve individuals at home during the daytime if I expect that they work, I go at supper-time which means I miss my supper as well as some Saturdays if they want it done in-hand (basically a legal requirement for non-MA court docs). I've also been told that the Deputies will only try to serve it once, whereas Constables will typically try 3 times for a single fee (you're working for gas money only if you have to go 3 times).
 
In the south, the constable is like the state police.

Here in NH,there is a few towns that have Constables that have full LEO powers as they only LE the town has unless they call the SP.


Sounds to me the OP is just trying to find away around the list and could give two shits about the actual gig.
 
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I get a kick out of those folks that think because the individual doesn't have a blue uniform, that any other LEO can't make a motorvehicle stop or make and arrest for a particular violation of law. I used hear it all the time, "You can't stop me for that" or " You can't arrest me for that". They would most likely get locked up.

If it is not a marked cruiser or clearly an unmarked, then I slow down, turn on flashers, and dial 911. If it they are legit, most likely the dispatcher will know about it. Either way, there will be a marked cruiser there shortly, so I doubt I would get locked up for that.

- - - Updated - - -

[Once I was sitting in the chief's unmarked discussing a matter that he had never taken care of (incident when I was a Reserve PO) and I mentioned that as a Constable I had the legal power to run a speed trap from the bottom of my driveway (I was intentionally tweaking him) . . . I thought he was going to create a moon-roof in his cruiser! It was fun watching him spin out of control on that thought! [rofl] ]
Yea, that was the point I was trying to make.
 
You wouldn't believe how many didn't or wouldn't. I had folks with serious boating violations and an attitude, refusing to display reg certificate, then tell me I couldn't do anything about it. Then when they were arrested, Tried to say that they couldn't be arrested for that. I had folks tell me because I wore a Green uniform that I wasn't a real cop and they didn't have give me thier license.

There are folks out there that think like that.

I don't doubt it. I was hunting at Pantry Brook one day some years back. Just after sunset, as I walk into the parking lot, I hear the Environmental Police officer talking to another hunter. He asks the hunter for his hunting license. The hunter says that he has one, but didn't think he had to carry it anymore (sure, and I've got some oceanfront property in AZ). Then the officer asked to see his FID. He didn't have that either.

Seeing that I was about to leave, the officer came over to check me. He seemed relieved that paperwork was in order. Then he went back to deal with the moron.
 
That reminds me, We had in the Chelmsford area a kid that was a constable who had a tricked out Crown Vic, and went so far as to have a uniform. Any of you guys that are Constables remember "Bobby" Bergeron. He went to serve a capias warrant and was thumped by some biker type broad.
He is lucky he survived. If he tried that with my girlfriend, she would have grabbed one of my thundersticks and blown his head clean off. How brave would he be in his closed casket? Missing head certainly means no open-casket wake!
 
So you are telling is that on a public Internet forum that you have a girlfriend who goes around and murders people and would take out an officer of the civil court?

Do you live in Mass? Do you have a LTC? You hang out with people who are prone towards committing homicide? Sounds like a potential suitability issue to me as well as some big talk behind a computer screen, and no I'm not going to lighten up. Talkin' 'bout whackin' somebody even if they are an a$$hat ain't a humorous funny cuz you never know who's lurkin' and what their agenda really is.


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So you are telling is that on a public Internet forum that you have a girlfriend who goes around and murders people and would take out an officer of the civil court?

Do you live in Mass? Do you have a LTC? You hang out with people who are prone towards committing homicide? Sounds like a potential suitability issue to me as well as some big talk behind a computer screen, and no I'm not going to lighten up. Talkin' 'bout whackin' somebody even if they are an a$$hat ain't a humorous funny cuz you never know who's lurkin' and what their agenda really is.


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Let one of those bozos try it and find out what will happen. No problem for local PD, MSP, federal agents, etc. But a wanna-be cop that couldn't make it through the vetting process to get appointed to a PD and assigned a seat at the academy? No, forget it! I have met constables and the vast majority of them were fools. They think they're cops but they aren't; not by a long shot! I told my girlfriend that the front door marks the line of trespass. Anyone other than a real police officer, with a criminal arrest warrant, comes through it and all hell will break loose. Shoot first, ask questions later. Yes, I live in MA. No, I do not have LTC. I have FID.
 
Won't be long til you make the headlines. In case you didn't see it, in Watertown the pd was entering houses in and out of uniforms without warrants. By your admission you would have opened fire...with an illegal bang stick as well....brilliant
 
Jeez, guy take it easy this is a well watched public forum that until now I thought was made up of intelligent sane and responsible gun owners. I have never asked for a thread to be locked before but moderators please shut this one down...
 
Oh I get it.....you must be one of those constables we are talking about here. Honestly I never understood the need for a "constable".....basically a messenger for legal documents.......why the need for a badge and the kinda half ass title of "law enforcement officer". Seriously......[smile]

Cop = constable on patrol, they were constables before they were called policy officers.
 
Won't be long til you make the headlines. In case you didn't see it, in Watertown the pd was entering houses in and out of uniforms without warrants. By your admission you would have opened fire...with an illegal bang stick as well....brilliant
That was SWAT and they showed up in a truck. The whole city was in lockdown. It was all over the news. I am talking about one dumb ass who decides to play cop on his own. Why is my "bang stick" "illegal"? I have an FID, perfectly legal last time I checked.
 
Just to add more fuel to the fire, the following is from Maynard, MA's Constable application:

IN ACCORDANCE WITH MAYNARD POLICE AND BOARD OF SELECTMEN POLICIES, NO
INDIVIDUAL APPOINTED TO THE POSITION OF TOWN OF MAYNARD CONSTABLE SHALL
CARRY OR BE IN POSSESSION OF ANY FIREARM WHILE IN THE EXERCISE AND
PERFORMANCE OF THE POWERS, DUTIES, AND RESPONSIBILITIES OF CONSTABLE.

Kind of implies to me that being a constable providing LEO privileges is questionable, at least as a general rule.
 
Let one of those bozos try it and find out what will happen. No problem for local PD, MSP, federal agents, etc. But a wanna-be cop that couldn't make it through the vetting process to get appointed to a PD and assigned a seat at the academy? No, forget it! I have met constables and the vast majority of them were fools. They think they're cops but they aren't; not by a long shot! I told my girlfriend that the front door marks the line of trespass. Anyone other than a real police officer, with a criminal arrest warrant, comes through it and all hell will break loose. Shoot first, ask questions later. Yes, I live in MA. No, I do not have LTC. I have FID.

Sorry bub, but regardless of what you think of constables, they do serve real warrants, and are real officers of the courts. I'm sure that Constable LenS who is a former police officer finds himself enlightened by your observations, keen intellect and knowledge of the law. Crossing the threshold of your domicile does not in and of itself warrant the use of deadly force especially if said individual is executing his or her duties as an appointed officer of the court with a warrant regardless of what you think of his or her abilities, your opinion in the eyes of the law simply does not count, nor will it count in the courtroom and do not hope for jury nullification, because that is extremely unlikely to happen, because you have publicly stated on an internet forum that you will kill or have your girlfriend kill any constable who attempts to serve you with a warrant. Perhaps in the aftermath of an incident that you describe, you will gain an intimate knowledge of the NFL when you and Mr. Hernandez become cell mates.
 
Sorry bub, but regardless of what you think of constables, they do serve real warrants, and are real officers of the courts. I'm sure that Constable LenS who is a former police officer finds himself enlightened by your observations, keen intellect and knowledge of the law. Crossing the threshold of your domicile does not in and of itself warrant the use of deadly force especially if said individual is executing his or her duties as an appointed officer of the court with a warrant regardless of what you think of his or her abilities, your opinion in the eyes of the law simply does not count, nor will it count in the courtroom and do not hope for jury nullification, because that is extremely unlikely to happen, because you have publicly stated on an internet forum that you will kill or have your girlfriend kill any constable who attempts to serve you with a warrant. Perhaps in the aftermath of an incident that you describe, you will gain an intimate knowledge of the NFL when you and Mr. Hernandez become cell mates.

Well, if the idiot thinks it is worth his or her life, let them try. Sorry, door opens for real police officer with search or criminal arrest warrant ONLY! Cop wannabe tries to enter without warrant and that person will be shot. No questions. No arguments. Then 911 will be called immediately to report an attempted home invasion that was repelled with gunfire. Then let it play out in court. If the clown is smart, he will just drop the "legal papers" on the doorstep and leave. Maynard forbids constables from carrying firearms. Real police officers are issued sidearms and long guns for their cruisers. Constables are private citizens, not cops. End of story. If any joker wants to test me out, just try it. Nothing inside my home is worth their life. They had better get that straight real quick!
 
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Well, if the idiot thinks it is worth his or her life, let them try. Sorry, door opens for real police officer with warrant ONLY! Cop wannebe tries to enter without warrant and that person will be shot. No questions. No arguments. Then 911 will be called immediately to report an attempted home invasion that was repelled with gunfire. Then let it play out in court. If the clown is smart, he will just drop the "legal papers" on the doorstep and leave.

Think about what you just said. You also need to review the use of deadly force here in Massachusetts especially as it applies to trespassers. The so-called "castle doctrine" here is at best an affirmative defense. You would be well advised to read and learn before you go off making ill informed, self incriminatory and half cocked statements. In the end you are only potentially hurting yourself if you ever find yourself in a deadly force situation. Constables ARE police officers of the civil court, like it or not. Both Common Law and Statutory Law support that premise.
 
I think this joker is probably 12 years old all we are doing is catering to his ego and egging him on. Let it lie maybe he will go back to his video game forum....
 
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