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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 @ 10:45PM (12 years ago)
Posted by: Bystander

Ok here is the black and white of it (Unfortunately) this is Kentucky's KRS and Constitution

Although MANY of us Do NOT Agree with this he, has CERTAIN Powers and Authority !

And please don't shoot the messenger I just wanted to let the civilian public know what

they have elected !

Duties For The Office Of Constable

as per Kentucky Revised Statutes and The Constitution for the Commonwealth of Kentucky

Information acquired in January, 2010

KRS 64.190 Compensation

In all Kentucky counties except Jefferson, constables are compensated by the fees they collect. Constables may collect the following fees for the following services:

1. Make an arrest for violations involving a motor vehicle on public highways......................................................$0.50

2. Taking up a vagrant..............................................................................................................................$0.50

3. Killing a mad dog..................................................................................................................................$1.00

4. Killing and burying a distempered horse, mule, ass......................................................................................$3.00

5. Killing and burying any other cattle, per head............................................................................................$2.00

6. Altering a stud, jackass, or bull................................................................................................................$1.00

7. Any other services, same fee allowed sheriff for similar services.

KRS 64.060 Constables and Peace Officers recieve fees from the State Treasury for the following services:

1. Apprehending a person on a charge of felony, or a fugitive from justice charged with a felony in this state....................$ 10.00

2. Executing a process of contempt in a criminal case when the court excuses the contempt..........................................$ 1.60

3. Executing a summons upon a witness on behalf of the Commonwealth in a felony case...............................................$ 3.00

4. Summoning jury, on order of court in a county other than where the action is pending, allowance fixed by court...........$ 2.50

5. Summoning and attending a jury in a case of a felony.............................................................................................$ 2.50

KRS Chapter 446.010 Definitions for statutes generally

(25) "Peace officer" includes sheriffs, constables, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, policemen, and other persons with similar authority to make arrests;

KRS 15.380 Officers required to be certified -- Officers permitted to be certified -- Exemptions.

(5) The following officers shall be exempted from the certification requirements but may upon their request be certified by the council:

(a) Sheriffs;

(b) Coroners;

(c) Constables;

(d) Jailers;

(e) Kentucky Horse Racing Authority security officers employed under KRS 230.240; and

(f) Commissioner of the State Police.

Kentucky Constitution-Section 101

Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.

Constables shall possess the same qualifications as Sheriffs, and their jurisdictions shall be coextensive with the counties in which they reside. Constables now in office shall continue in office until their successors are elected and qualified.

KRS 431.005 Arrest by peace officers Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 182, sec. 24, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 132, sec. 31, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 119, sec. 3, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 23, sec. 16, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 345, sec. 4, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 172, sec. 14, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 455, sec. 33, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 258, sec. 5, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 165, sec. 23, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 309, sec. 1; and ch. 312, sec. 1, effective July 15, 1980 -- Created 1962 Ky. Acts ch. 234, sec. 31.

(1) A peace officer may make an arrest:

(a) In obedience to a warrant; or

(b) Without a warrant when a felony is committed in his presence; or

(c) Without a warrant when he has probable cause to believe that the person being arrested has committed a felony; or

(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his presence; or

(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520, 189.580, 511.080, or 525.070 has been committed in his presence, except that a violation of KRS 189A.010 or KRS 281A.210 need not be committed in his presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person has violated KRS 189A.010 or KRS 281A.210.

(2) (a) Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple.

(b) For the purposes of this subsection, the term "family member" means a spouse, including a former spouse, a parent, a grandparent, a child, a stepchild, or any other person related by consanguinity or affinity within the second degree.

(c) For the purpose of this subsection, the term "member of an unmarried couple" means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.

(3) A peace officer may arrest a person without a warrant when the peace officer has probable cause to believe that the person is a sexual offender who has failed to comply with the Kentucky Sex Offender Registry requirements based upon information received from the Law Information Network of Kentucky.

(4) For purposes of subsections (2) and (3) of this section, a "peace officer" is an officer certified pursuant to KRS 15.380.

(5) If a law enforcement officer has probable cause to believe that a person has violated a condition of release imposed in accordance with KRS 431.064 and verifies that the alleged violator has notice of the conditions, the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer.

(6) A private person may make an arrest when a felony has been committed in fact and he has probable cause to believe that the person being arrested has committed it.

(7) If a law enforcement officer has probable cause to believe that a person has violated a restraining order issued under KRS 508.155, then the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer.

Kentucky Constitution-Section 142

Text as Ratified on: August 3, 1891, and revised September 28, 1891-History: Not yet amended.

Each county now existing, or which may hereafter be created, in this State, shall be laid off into districts in such manner as the General Assembly may direct; but no county shall have less than three nor more than eight districts, in each of which districts one Justice of the Peace shall be elected as provided in Section 99. The General Assembly shall make provisions for regulating the number of said districts from time to time within the limits herein prescribed, and for fixing the boundaries thereof. The jurisdiction of Justices of the Peace shall be coextensive with the county, and shall be equal and uniform throughout the State. Justices of the Peace shall be conservators of the peace. They shall be commissioned by the Governor, and shall vacate their offices by removal from the districts, respectively, in which they may have been elected.

KRS 70.350 Execution of Process--Jurisdiction

Effective: October 1, 1942-History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 436, 438, 439, 440.

(1) Constables may execute warrants, summons, subpoenas, attachments, notices, rules and orders of court in all criminal, penal and civil cases, and shall return all process placed in his hands to the courts or persons issuing them, on or before the return day, noting the time of execution on them.

(2) A constable may exercise the duties of his office in any part of the county, but shall not execute any process in which he is personally interested except fee-bills for his own service. He shall not levy on or sell land, or any interest therein.

(3) The constable shall not be compelled to receive a precept, fee-bill or order for witness attendance, or other claim against any person who is known to be and to reside out of his district, unless the precept is in behalf of the Commonwealth or is a precept against property in his district. But if a constable voluntarily receives such precept, fee-bill, order for witness attendance or other claim, he and his sureties shall be accountable for the same as if the person it is against resided or was in his district, or had property therein.

KRS 189.950 Prohibitions -- Exceptions.

(5) Any constable may, upon approval of the fiscal court in the county of jurisdiction, equip vehicles used by said officer as emergency vehicles with one (1) or more flashing, rotating or oscillating blue lights, visible under normal atmospheric condition from a distance of five hundred (500) feet to the front of such vehicle, and a siren, whistle or bell, capable of emitting a sound audible under normal conditions from a distance of not less than five hundred (500) feet. This equipment shall be in addition to any other equipment required by the motor vehicle laws. Any constable authorized by the fiscal court to utilize blue lights and a siren pursuant to this section shall maintain at least the insurance described by KRS 304.39-110.