May a Constable Peer Into Your Windows?

May a Constable peer into your windows? Can he be videotaped while speaking to someone? According to Northampton County's Constable Review Board, the answer to both of these questions appears to be Yes.

On Friday afternoon, Northampton County's Constable Review Board convened on a complaint brought Glenn Brown against Constable Stanley Smith, who has served in that capacity for the past 27 years. Brown lives on a secluded tract located off Ridge Road in Upper Mount Bethel Tp. He said he likes his privacy. He is surrounded by farmland and other secluded homes. In fact, to reach his home, you have to travel several hundred feet along a driveway.

On July 18, at around 11 am, he was sitting in his kitchen in his underwear, and claims his wife was wearing even less. He heard a knock on his door, and that was his first encounter with Constable Stanley Smith. Smith, who was fully uniformed, was trying to serve papers in a civil matter against Kyle Brown, Glenn Brown's son. Glenn Brown refused to accept the papers. He said he and his son were estranged.

After Smith left, Brown reviewed his security footage and determined that Smith had been looking through a plate glass window on his front door. He demonstrated via video that if you are very close when looking inside, you can see the inside of the house.

Smith returned later that day or the next, and was accosted by Brown, who carried a cellphone and was videotaping the conversation.

He told Smith that his son lives in New Jersey and they are estranged. "I don't want to be bothered, that's why I live up there," said Brown. "You're not allowed to look in my window. Get off my f---ing property and don't come back, you f---ing pervert."

Although Smith was trying to remain cordial, it was difficult for him to say anything in that second encounter, in which he was instructed to leave.

He told the Constable Review Board that, during his first visit, he did ring a doorbell, knock and look through the plate glass window at the front door, but not through any of the side windows he was trying to determine if anyone was home, and said he saw nothing. He said he tries to be low key. he came back a second time because the son might have stopped by or there might be someone else who could give him information to enable him to serve the papers.

Brown insisted that his privacy had been violated and read Pennsylvania's invasion of privacy statute into the record. Although that statute contains an exception for law enforcement personnel, Brown said he applies only if the officer is conducting a lawful criminal investigation. He argued that service of papers in a civil matter is not a lawful criminal investigation.

Constable Kevin Spano, himself a former Bethlehem police officer, set Brown straight. "We are actually trained to look into a window," he said. He said they do it to see if there might be a weapon or gun or "for the unknown."

Constable Smith was in a place where he had a right to be. He was attempting to serve a civil complaint listing a defendant at the address he visited. The door included a plate glass window.

Spano asked Smith to explain how many times a constable attempts to serve a complaint. Smith said they get paid $13 to attempt to serve papers, regardless of the number of efforts or whether they are successful. He added that the unwritten rule is three attempts, but it always depends on the circumstances. In this case, he was directed to stop after his second attempt.

As for the video that Brown took of the second encounter, the Constable Review Board accepted it because Brown had the camera pointed right at Constable Smith. He had no justifiable expectation of privacy.

From here this matter will go to President Judge Michael Koury, Jr. 

What are constables?

Constables are elected officials who serve six-year terms. Their primary role is service of minor arrest warrants and other legal process for the Magisterial District Courts, such as eviction notices, and prisoner transport. They are required to maintain order at the polls on election day.

Though it is a Constitutional office that have existed in Pennsylvania since 1664, the constable system has been criticized as one that is open to abuse by armed officers who have minimal training and no oversight. As a result, the Pennsylvania Supreme Court adopted standards in 2013 designed to professionalize them To be certified, they must undergo 40 hours of training every year, including 20 hours of firearms training.

Northampton County has 37 certified constables, including Smith.

What is the Constable Review Board?

Established in 2016, Northampton County's Constable Review Boards provides some oversight of constables and helps resolve citizen complaints. This Board includes the following: Judge Sam Murray, Judge jennifer Sletvold, Magisterial District Judge Dan Corpora, Constable Kevin Spano, Sheriff Rich Johnston, Controller Richard "Bucky" Szulborski, Fiscal Affairs Director Steve Barron and Magisterial District Court Administrator Debbie French.

For complaints that might result in the suspension or termination of a constable, the Review Board is required to interview the complainant, constable and all other relevant witnesses. The Board must report any suspected criminal activity to the District Attorney. After completing interviews, it makes a recommendation to the President Judge, who is the ultimate authority on a constable's continued work in Northampton County.