What Is a Delaware Constable? Types, Powers, and Limits

A Delaware constable is a sworn officer who carries real law enforcement authority, and the state recognizes two distinct kinds. Justice of the Peace constables are appointed by the Chief Magistrate under Title 10, Chapter 28 and work directly for the court system. Commissioned constables are licensed under Title 24, Chapter 56 and work for an approved public or private employer, such as a university or hospital, that has shown a need for security beyond what full-service police can supply.¹

The two categories look similar from the outside, but their powers, oversight, and limits differ in ways that matter.

The Two Types at a Glance

Justice of the Peace constables are court employees. The Chief Magistrate of the Justice of the Peace Court system appoints them, and no other kind of constable can execute an order or warrant issued by a justice of the peace.² Every JP constable must live in Delaware, and the position becomes automatically vacant if the constable moves out of state.

Commissioned constables are a different animal. They are licensed through the Constable Board of Examiners and the Delaware State Police Professional Licensing Section, and they serve a specific approved employer rather than the court.¹ A person already working as sworn or civilian personnel for a Delaware law enforcement agency — or for any law enforcement agency in another state or federal jurisdiction — cannot hold a commissioned constable commission.³

What Justice of the Peace Constables Do

JP constables handle the court’s process on both the civil and criminal sides. On civil matters, they serve subpoenas, execute writs of possession in evictions, carry out civil judgments, and conduct judicial levies and sales. On the criminal side, they execute capiases (arrest warrants issued by the court) and transport detainees and convicted offenders to Department of Correction facilities.²

They also keep order in the courtroom itself. A JP constable can arrest anyone who commits a breach of peace or contempt in the court’s presence. The statute adds a catch-all authorization to perform “any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system,” which gives them broader operational flexibility than many people assume.

What Commissioned Constables Do

While on the lawful duties of their employment, commissioned constables exercise the same authority as peace officers and law enforcement officers. That includes directing traffic, making arrests, and executing court orders from any Delaware court or judge.³

When a commissioned constable makes an arrest, the constable must notify the full-service police agency with primary jurisdiction over the area, and that agency takes over the investigation and reporting. The authority is tethered to the job: a hospital or university constable who steps outside the lawful duties of that employment is operating outside the commission, and the Board can discipline for it.

Who Can Become a Delaware Constable

For JP constables, Chapter 28 does not spell out age or education cutoffs in the statute itself. Appointment runs through the Chief Magistrate, and the baseline qualification is meeting the minimum standards set by the Police Officer Standards and Training Commission for part-time police officers.⁴

Commissioned constables face more explicit requirements. An applicant must be at least 21 years old and submit fingerprints along with a full criminal history check through both the State Bureau of Identification and the FBI.⁵ Five written character references from reputable citizens are also required.⁶

The employer, not the individual, kicks off the process. An entity has to apply to the Board of Examiners and be approved before any of its people can seek commissions.¹ The initial licensing fee is $200, renewals are $100, and commissions expire on December 31 of the second year after issuance.⁶

Training and Firearms

JP constables have to complete whatever annual training the Chief Magistrate deems appropriate, and at minimum must meet the POST standards for part-time officers. Annual firearms training and training in the use of deadly force are mandatory, and a JP constable who skips that training cannot carry a firearm on duty.⁴

Commissioned constables without prior law enforcement experience must complete the Constable Academy through a Board-approved facility. Former officers who have been off active duty for less than five years may have the academy requirement evaluated case by case.⁶

Neither type of constable automatically carries a firearm. For commissioned constables, the Board of Examiners decides whether firearms are appropriate given the duties and employer. Approved constables must complete at least a 40-hour firearms course and pass with a score of 80% or higher. Keeping that authorization requires at least three qualifying shoots per calendar year, held on at least two separate days with at least 90 days between them. Firearms licenses are valid for one year. The Board also sets rules for batons, chemical spray, conducted electrical weapons, canines, and projectile weapons, and failing the ongoing training standards means losing authorization to carry those tools.³

The Limits on Constable Authority

Constables act under color of state law, so the same constitutional limits that apply to any government officer with police powers apply to them. The Fourth Amendment governs their searches and seizures. Entering private property to execute a civil order generally requires a valid court order, consent, or an exception like exigent circumstances. A constable who forces entry without proper authority risks personal liability.

Commissioned constables have an added structural limit: their authority exists only within the lawful duties of their employment. A university constable cannot moonlight as a private process server on the strength of the commission, and the Board can discipline a constable who works outside the authorized scope.³

Appearance is regulated too. Every uniform, patch, badge, seal, vehicle marking, letterhead, and business card used by a commissioned constable must be approved by the Board before use. Vehicles get the closest look: nothing a constable drives can create a reasonable likelihood of confusion with a Delaware State Police cruiser or any other law enforcement vehicle.⁶

When a Constable Crosses the Line

Because constables act under color of state law, a person whose constitutional rights are violated by one can bring a federal civil rights suit under 42 U.S.C. § 1983.⁷ Qualified immunity is available as a defense, but it does not protect conduct that violated a clearly established right at the time.

Administratively, the Professional Licensing Section can suspend or revoke a commissioned constable’s commission for violating the governing statutes or regulations. An arrest alone can trigger an emergency suspension before any conviction.⁶ If you believe a constable overstepped, the right starting points are the Board of Examiners through the Delaware State Police Professional Licensing Section for a commissioned constable, and the Justice of the Peace Court itself for a JP constable.

1
Delaware State Police. Constables
2
Delaware Code Online. Delaware Code Title 10 Chapter 28 – Justice of the Peace Constables
3
Delaware Code Online. Delaware Code Title 24 Chapter 56 – Constables
4
Justia Law. Delaware Code Title 10 2806 – Training
5
Justia Law. Delaware Code Title 10 2703 – Qualification and Training
6
Delaware Regulations. Delaware Administrative Code Title 24 2400 – Board of Examiners of Constables
7
GovInfo. United States Code Title 42 Section 1983 – Civil Action for Deprivation of Rights