NCJ Number
68281
Date Published
1977
Length
7 pages
Annotation
THE FUNCTIONS OF CONSTABLES IN MASSACHUSETTS IS DESCRIBED; AND THEIR HISTORY, POWERS AND DUTIES, ELECTION AND APPOINTMENT, AND WAYS IN WHICH THEY DIFFER FROM POLICE OFFICERS ARE OUTLINED.
Abstract
A HISTORICAL NOTE NARRATES THE BROAD ARREST POWERS OF 17TH CENTURY CONSTABLES, AND THE EVOLUTION OF THEIR DUTIES INTO THE SERVICE OF NONCRIMINAL PAPERS (E.G. SUMMONSES, SUBPOENAS, AND TOWN MEETING NOTICES). A LEGISLATIVE BACKGROUND IS GIVEN FOR THEIR GENERAL DUTIES THAT INCLUDE PRESERVING THE PEACE, PREVENTING CRIME, ARRESTING ALL OFFENDERS IN THE TOWN WHO MIGHT BE ARRESTED WITHOUT WARRANT, AND PROCURING WARRANTS IN OTHER INSTANCES OF CRIME COMMITTED. IN ADDITION, MASSACHUSETTS STATUTES PROVIDE THAT CONSTABLES MAY SERVE THE CIVIL PROCESS AND WARRANTS AND PROCESSES IN CRIMINAL CASES; THEY ARE REQUIRED TO SERVE ALL WARRANTS AND OTHER PROCESSES AS DIRECTED BY THE TOWN SELECTION; AND THEY MAY SERVE DEMANDS, NOTICES, AND CITATIONS. PARTICULAR PROSECUTORY POWERS ARE DESCRIBED INCLUDING THE PUNISHMENT OF PERSONS WHO NEGLECT OR REFUSE TO ASSIST A CONSTABLE IN THE EXECUTION OF OFFICE IN A CRIMINAL CASE, IN THE PRESERVATION OF THE PEACE, IN THE APPREHENSION OR SECURING OF A PERSON FOR A BREACH OF THE PEACE, OR IN THE CASE OF ESCAPE OR RESCUE OF PERSONS ARRESTED UPON CIVIL PROCESS. A CONSTABLE HAS COMMON LAW POWER TO MAKE AN ARREST WITHOUT A WARRANT IN THE CASE OF A FELONY UPON PROBABLE CAUSE, AND IN THE CASE OF A MISDEMEANOR COMMITTED IN HIS PRESENCE WHICH INVOLVES A CONTINUING BREACH OF THE PEACE. A CONSTABLE CAN ALSO MAKE WARRANTLESS ARRESTS IN CERTAIN INSTANCES. STATUTES DETAILING SUCH INSTANCES ARE GIVEN AS WELL AS A DESCRIPTION OF THE JURISDICTION OF THE CONSTABLE, ELECTION AND APPOINTMENT REQUIREMENTS, AND A BRIEF DESCRIPTION OF DIFFERENCES BETWEEN CONSTABLES AND POLICE OFFICERS.