The Use of Constables in Sumner County Tennessee

I see some strange things in the courtroom . Today in Gallatin , Tennessee was no exception. As I was waiting for my case to be called . I watched a DUI trial that involved a constable . No assistant district attorney and the defendant represented himself. The arrest was made by a constable. I thought the role of a constable was just to serve process. It is outdated in most counties except Sumner County. The DUI case involved a traffic stop , field sobriety tests , and a refusal to take the blood test.  The result was a DUI conviction. I was still baffled by the arrest of by the constable.

I learned that the constable in Sumner County Tennessee routinely makes arrests. Under Tennessee Code annotated 8-10-111 it sets forth the duties of a constable. Nowhere is the duty to arrest listed. Under Tennessee Code Annotated 8-10-204 gives them the power of arrest  . It was interesting to read about their training from the Tennessee Constable Association

 Here is my problem . The constables do not get any pay . I was advised they get paid by the conviction . So once the court costs are paid they get a cut . In Sumner County , a citation gets them $27.00 and a DUI or other criminal charge pockets them $42.00. It is an incentive for abuse and  questionable arrests. Law enforcement officers are trained . Tax dollars pay them . Do we really need constable roaming the streets of Tennessee ?

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Richard - December 7, 2011 9:29 AM

Being someone familiar with Constables and in particular this Constable you saw in Gallatin I would like to say that he is indeed trained, including over 300 hours in 2011 alone including a 48 hour course on DUI enforcement. An hour for a DUI stop, another hour in booking and collecting blood plus 4 hours in court for a DUI arrest and then receiving $42. for said arrest is NOT an incentive. Do you really want to purchase a patrol car, outfit with lights, radio, etc. supply your own vest, gun, uniform, gas and such for less than $7. an hour? (that doesn't include the numerous times a case is continued requiring more court time) Constables don't make arrests for the $ but for the good of the community. However, I guess you don't see people that take drunk drivers off our streets without using any tax money, (They are paid out of the fines the court assesses the criminal/guilty party) being worthwhile???

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