LMPD :: Louisville Metro Police Department
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Constable shoots woman in Walmart parking lot in southwest Jefferson

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RE: Constable shoots woman in Walmart parking lot in southwest...

November 2nd, 2011 @ 9:31PM (12 years ago)
Posted by: hmmm

How do you really feel? I once watched Frank Hill get into it with a Constable at Denny's. Priceless! Are they still taking people to jail? They are like free-lance volunteer firefighters! (I am not trying to take anything away from firefighters but we all know they are squirrelly!) I wonder if they have any kind of qualified immunity since there are no qualifications other than being elected because nobody else ever tries to run? It would be so confusing to hear a knock on your door and hear "Constables", I would assume they wanted to talk to me about "The Watchtower" on a Saturday morning.

RE: Constable shoots woman in Walmart parking lot in southwest...

November 2nd, 2011 @ 9:32PM (12 years ago)
Posted by: Look it up

You sir need to look up the law. You as a sheriffs deputy or as a police officer have no arrest authority for this electeted law enforcement officer. Only two elected law enforcement officers in the county can arrest him, THE Sheriff and THE Coroner. That is it. An elected Constable has the same athority as the Sheriff without the same responsibility and pay. The office its self has quite an amount of power.

RE: Constable shoots woman in Walmart parking lot in southwest...

November 2nd, 2011 @ 10:30PM (12 years ago)
Posted by: Bystander

This is from their own website , he constantly violates his own COE ! specifically lines 10 and 15 of I shall :

CONSTABLE'S CODE OF ETHICS

As a constitutionally elected or appointed Constable, sworn to carry out the trust and confidence by the

citizens whom I have the duty to serve ensuring that I will behave and act accordingly to the highest

personal and professional standards while abiding by the following Code of Ethics:

I SHALL dutifully carry out the duties of my office.

I SHALL, at all times, function without prejudice or regard for an individual's race, religion, or place of

birth.

I SHALL NEVER be a part of an attempt to inhibit or evade the law.

I SHALL AT ALL TIME act in a manner in which understanding and justice is communicated to those

with whom I come into contact in my work.

I SHALL conduct my private life unblemished and mindful of others.

I SHALL be courteous and maintain self-restraint.

I SHALL be a part of the professional organization designed to protect and upgrade the performance of the

Constable.

I SHALL NOT personally solicit for funds in the performance of my work to enhance any organization.

I SHALL seek every opportunity for such training as will enhance my ability to do a better job.

I recognize my badge of authority as a symbol of the public trust and I recognize that as law enforcement

officer, I SHALL NEVER bring disgrace upon the people, whose faith and confidence elected me as their

Constable.

I SHALL recognize my duty to protect the constitutional rights of all people.

I SHALL at all times wear appropriate attire and the necessary equipment to carry out my responsibilities.

I SHALL NEVER speak with criticism of my fellow Constable except at the appropriate forum provided

by an appropriate Constable' organization.

I SHALL NEVER knowingly infringe upon the operation of another Constable.

I SHALL NEVER resort to unnecessary force in the performance of my duties.

I SHALL NOT accept gratuities offered by anyone employing my service.

I SHALL perform my duties expeditiously and promptly, and I shall transmit an immediate report to those

whose work I have accepted.

I SHALL strive to adhere to the aforementioned as long as I shall serve as Constable

RE: Constable shoots woman in Walmart parking lot in southwest...

November 3rd, 2011 @ 7:24AM (12 years ago)

Ok, let's see if I can clear up some misinformation.

David Whitlock is the elected constable in the 3rd Magisterial District. I wish he wasn't, but he is - mainly because his momma gives him lots of money to buy signs and the voters voted for the name they recognized.

The Metro Council can try to restrict his actions, but they can't really do so any more than they can restrict the powers of sheriffs and deputy sheriffs. (Just because it is in the ordinance doesn't mean it is enforceable.)

He IS a peace officer in Kentucky, by virtue of the Kentucky Constitution, Section 99 and 101.

He IS a peace officer in Kentucky, by virtue of KRS 446.010.

The powers of police officers (ie: LMPD) derives from the "common law and statutory powers of constables and sheriffs." KRS 95.019.

They CANNOT have blue lights unless the Fiscal Court (for Louisville, Metro Council) approves it - KRS189.950(5) - and they have not.

They CANNOT have deputy constables unless in a city of the first or second class - and approved by the Mayor - KRS 70.320 - to the best of my knowledge the Mayor has not done this although Whitlock does have several deputy constables. (In fact, before the law was changed that permits county attorney detectives, in 2002, the county attorney detectives were actually sworn in as deputy constables.)

As a peace officer, he has most of the arrest powers of any other peace officer. KRS 431.005. (Except for the exceptions specifically laid out in the statute, which are miniscule.)

He is allowed to enforce all motor vehicle laws. KRS 281.765

He is paid $9,600 a year by Metro Louisville. KRS 64.200.

He is supposed to make a report to the county clerk each month about what he and his deputies have been doing - KRS 70.430 - no idea if in fact he does that.

With respect to training, he may seek certification (and attend basic training) but is not required to do so by state law. 15.380(5). He has gotten some training through DOCJT, but nothing close to basic, although he COULD, if he chose to do so, attend basic training. One constable in Jefferson County has done so. (AND NOTE - ELECTED SHERIFFS are not required to be certified either, and most are not. Some are retired officers who did not seek to renew their certification, others have never been through basic training, but the law cannot impose qualifications on them that the Constitution does not.)

There's a lot more, but that is all I have time for at the moment.

RE: Constable shoots woman in Walmart parking lot in southwest...

November 6th, 2011 @ 8:28AM (12 years ago)
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No worries... I have my ride-a-long for backup!