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Nazareth, Pa., United States

Tuesday, August 14, 2018

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.

30 comments:

Anonymous said...

Most of these guys are rogues. They dress up like cops and drive old cop cars. They need to be kept on a tight leash. I don't give a shit what they are "trained" to do, they have no business peering in my windows at my home. If I catch them, I'll call the real cops.

Anonymous said...

LOOK IN MY WINDOW YOU MIGHT NOT BE LOOKING IN ANYONE ELSES..I DONT CARE IF YOUR A CONSTABLE OR NOT!!!!

Anonymous said...

The CRB will not hear any complaint about a constable unless it involves their conduct while under the employ of the courts. Threats, intimidation, harassment, or other bad conduct toward citizens by those who identify themselves as a constable, but aren't working for the judicial system, will not be heard.

Bernie O'Hare said...

7:01, the CRB has already heard a complaint concerning a constable who was allegedly claiming to be a police officer while in an altercation with a flagman. But the admin order clearly limits complaints to conduct while undertaking judicial duties.

Anonymous said...

Very nice and informative article Bernie. Have a great day!

Bernie O'Hare said...

5:19, CAPSLOCK. It's YOU'RE, not YOUR, And a jury would only be too happy to convict a miserable person like you.

Anonymous said...

Is Mezzacappa still a constable?

Bernie O'Hare said...

So far as I know, she is an elected constable. But last time I checked, she was not certified.

Anonymous said...

She has been enrolled at the Allentown Police Academy, should graduate soon presumably to apply for the soon to be live West Easton PD. Dees should tread lightly when he is zipping around in that jalopy of his.

Bernie O'Hare said...

Already threaten people. What a wonderful little Nazi!

Anonymous said...

@9:43,
Are you sure? I heard she is heading to Quantico, VA for FBI training. She will undoubtedly be top of her class and be assigned to special duties. She will be offered the most desirable assignments. Undercover to root out the Deep State members or head of security for Trump's new Space Force.

Anonymous said...

LOOK IN MY WINDOW YOU MIGHT NOT BE LOOKING IN ANYONE ELSES..I DONT CARE IF YOUR A CONSTABLE OR NOT!!!!

August 14, 2018 at 5:19 AM


Then you can go to jail for murder tough guy, and for the rest of your life and tell your celly not to watch you while you're taking your morning dump!

Anonymous said...

On such a secluded lot, the fake orange hunter costume is solved with a few signs best heeded, but a constable costume, what a great way to do a home invasion.

Anonymous said...

So the constable society thinks it is all powerful. I agree with the proud and free American. They have no more rights than anyone when it comes to peering into my windows on my property and invading my privacy. A jury will tell "them" to pound sand!!!

Anonymous said...

There is something wrong with this "peeper" and I am sure we will read all about this piggy pervert again. Forks Township had a LT. on the Police department fr years that was a douche like this guy till finally they could not hide it anymore. End of story. Don't let this scum molest or commit a crime against someone in his capacity. I welcome him to peek on my property just once. It wont end well for him as I protect my family. And NO Bernie, I did not vote for Trump :P

Bernie O'Hare said...

I think we all can determine who the scum is, and it’s not a 69 yo Constable who looked thru a window at the door of someone’s home to see if anyone was home. He was serving process and standing in a place he had a right to be. Had you used deadly force in that situation against a uniformed law enforcement officer, I don’t think anyone would much quarrel with a third degree murder charge, no matter what Nazi you support for President. But you would not do a thing bc when all is said and done, you’re a pussy who is even afraid to sign your name. Boo!

Anonymous said...

Just because you buy a phony "police" uniform at a surplus store it does not give you cart balance to intimidate people on their own property. Staring at someone's naked wife through a window in a secluded area is a direct threat.

You are defending the indefensible.

Bernie O'Hare said...

It is completely proper for a Constable or deputy sheriff to serve process. If someone wants to live in seclusion, he should not install a window on his front door. This homeowner overreacted but had the sense to file a formal complaint instead of using force.

Anonymous said...

Sadly it is now incumbent on the property owner to install privacy glass or a moat and fence to be left alone on their own property. A pretend police has the right to walk up on your front porch and leer through your windows at your naked wife at his pleasure. That is just fine and protected activity. Our nation is doomed and we have already lost our freedom.

Anonymous said...

6:02 PM
My understanding is that the property owner was not being served papers at all.

This was an investigatory visit to establish the whereabouts of a relative who was to be serve papers.

Unless the Constable can demonstrate a reasonable suspicion the property owner was lying and that in fact the son was on the property, the second visit may have been beyond the Constable's scope.



Anonymous said...

You knock on the door immediately and step back. That is being a professional. You don't spank your meat while staring in for a while at the guy's naked wife. That is just pervy and making excuses for it is just as pervy.

KDDI stockholder said...

What position does Joeseph play Robert Ryan? I bet he could kick your old alcoholic ass so bad you'd have to take time off from KDDi and the endless liters of vodka!

Anonymous said...

Can a constable carry a firearm into a US Post Office?

I saw that the other day. It was under a shirt by CLEARLY visible by the "printing" of the gun on the shirt. It wasn't just an empty holster.

I thought no guns were permitted in a post office, end of story, but maybe I'm wrong.

Bernie O'Hare said...

I am unaware if there is an exception for law enforcement, but the general rule is that no one may carry inside a post office.

Anonymous said...

A constable is not allowed to carry a weapon like a real police officer. They must get the same permits that any civilian must get.

Bernie O'Hare said...

Not sure about that.

Anonymous said...

"A constable is not allowed to carry a weapon like a real police officer. They must get the same permits that any civilian must get."

August 15, 2018 at 3:11 PM

LOL...Ummm no!

Constable under PA law are the very first law enforcement officers exempt from firearms licensing.
§ 6106. Firearms not to be carried without a license.

(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

(b) Exceptions.--The provisions of subsection (a) shall not apply to:

(1) CONSTABLES, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.


Please get your facts straight before you comment something like that!

Anonymous said...

Constable's would be exempt from the law to carry a firearm in a post office if they were on official duties...which almost every constable uses a PO Box, mails letters and get's postal information for locating wanted persons.


18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities
US Code

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to—
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(e)
(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.
(3) The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.
(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.

Anonymous said...


Anonymous Anonymous said...
A constable is not allowed to carry a weapon like a real police officer. They must get the same permits that any civilian must get.

August 15, 2018 at 3:11 PM


Get a clue, Constables are the FIRST law enforcement officers exempt from a license to carry under the PA crimes code, they need no license to carry.

Anonymous said...

§ 6106. Firearms not to be carried without a license.

(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

(b) Exceptions.--The provisions of subsection (a) shall not apply to:

(1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.