AGO 1951-53 No. 25.

• Case Date: April 25, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 25. April 25, 1951[Orig. Op. Page 1]PRIVATECONSTABLES --- CLASS "A" CITIES.Constables of precincts consisting of first class cities in Class "A" counties, being limited in their official duties almost entirely to service of summonses, orders and warrants of Justices of the Peace, are not entitled to travel expenses to and from their homes unless such travel is pursuant to the service of such orders and not for the convenience of the constable.Honorable Hugh H. EvansProsecuting AttorneySpokane CountySpokane, WashingtonCite as: AGO 1951-53 No. 25Attention: !ttEarl W. Foster Deputy Prosecuting Attorney Dear Mr. Foster: We acknowledge receipt of your letter of March 8, 1951, in which you request an opinion on the following question: Should constables elected in a precinct consisting of a first-class city in a Class "A" county be reimbursed for their expenses of travel by automobile from their homes to the Court House and return, each day? That is, should these constables get mileage for travel to and from work? Our conclusion is: Constables of precincts consisting of first class cities in Class "A" counties, being limited in their official duties almost entirely to service of summonses, orders and warrants of justices of the peace, are not entitled to travel expenses to and from their homes unless such travel is pursuant to the service of such orders and not for the convenience of the constable. [Orig. Op. Page 2] ANALYSIS A study of the statutory provisions generally concerning constables demonstrates that at one time constables were in the position of law enforcement officers similar to a sheriff, and they formerly had broad powers of arrest. However, under section 1, chapter 64, Laws of 1941, (section 7560-1 Rem. Supp. 1941) amending earlier acts, the legislature has provided: "In a Class "A" county no constable shall have jurisdiction to serve a warrant for any criminal offense committed outside of the boundaries of his precinct or to serve a search warrant for the seizure of property located outside his precinct, nor shall he as such make any arrests or detain any person or persons for any violation of any law or laws concerning motor vehicles and the operation thereof, except when serving a warrant duly issued by the justice of the peace upon a complaint regularly filed with...