Request By:
Mr. Willard C. Bailey
Route # 1, Box 325 C
Louisa, Kentucky 41230
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter stating that you were recently elected to the office of constable in Lawrence County. You raise several questions relating to constables and the authority they possess.
Your first question asks what equipment a constable may use on his car. The question is rather broad in scope as you do not give us any idea of what specific equipment you have in mind. Normally a question is submitted concerning a particular item or items and we can then respond accordingly. However, experience has taught us that constables generally are interested in whether they may install flashing lights and sirens on their vehicles.
KRS 189.910 defines "emergency vehicle" and "public safety vehicle." KRS 189.920 deals with flashing lights and the specific types of vehicles which may use flashing, rotating or oscillating lights and the colors of such lights which are permitted. This statute also sets forth those vehicles which may use a siren. KRS 189.950 provides in part that only those vehicles designated as emergency vehicles shall be equipped with a siren. That same statute also states that only those vehicles designated as emergency vehicles shall be equipped with red or blue flashing, revolving or oscillating lights. Furthermore, only those vehicles designated as public safety vehicles shall be equipped with yellow flashing, revolving or oscillating lights.
Thus, since there is no reference to a constable's vehicle or to the duties of a constable in KRS 189.910 to 189.950, a constable's vehicle is neither an "emergency vehicle" nor a "public safety vehicle." It may not be equipped with flashing, revolving or oscillating lights of any color and it may not be equipped with a siren. See OAG 73-834, copy enclosed, and Commonwealth v. Bradley, Ky., 516 S.W.2d 644 (1974). Note that a spotlight may be used on the constable's vehicle so long as it is used in a prudent manner and not aimed into the eyes of any oncoming driver in violation of KRS 189.040. See OAG 72-617, copy enclosed.
Your second question asks about your authority to arrest and apparently your authority in connection with traffic violations.
KRS 446.010(24) provides in part that a constable is a peace officer. KRS 431.005(1) dealing with the authority of a peace officer to make an arrest, states:
"A peace officer may make an arrest in obedience to a warrant, or without a warrant when a felony or misdemeanor is committed in his presence or when he has reasonable grounds to believe that the person being arrested has committed a felony. "
A constable's jurisdiction is co-extensive with the county in which he resides and is elected. See § 101 of the Kentucky Constitution and KRS 70.350. Thus, generally, a constable may exercise the duties of his office in any part of the county.
In addition to his authority to make an arrest under the terms of KRS 431.005(1), a constable, since he is a peace officer, may, pursuant to KRS 431.015, issue a citation instead of making an arrest for a misdemeanor committed in his presence, if there are reasonable grounds to believe that the person cited will appear to answer the charge. This procedure is frequently used in instances involving traffic violations.
KRS 64.190 and 64.090 deal with the fees which a constable may collect for services rendered. Note, for example, that a constable is entitled to 50 cents for each arrest involving a motor vehicle regulation.
Your third question asks whether a constable may wear a uniform.
We do not find any statute dealing with the subject but since a constable is a peace officer we do not know of any reason why he cannot wear a uniform. If a uniform is to be worn, it should be such that the constable is distinguishable from and not confused with a city policeman, a county policeman, a state trooper or any other uniformed peace officer. The constable's uniform should include a badge or some other easily recognizable marking indicating that he is a constable.
Your fourth question asks whether you may have your own citation book printed.
We assume you are referring to a book of traffic citations. KRS 431.450 provides in part that the bureau of state police in consultation with the department of transportation shall design, print and distribute to all law enforcement agencies in the Commonwealth a uniform traffic citation. KRS 431.450(4), effective January 2, 1978, states that, "All peace officers in the Commonwealth shall use the uniform traffic citation for all violations of the traffic laws." Thus, as of January 2, 1978, constables and all other peace officers are required to use a uniform traffic citation prepared by the Commonwealth and presumably available at this time from the bureau of state police.