CONSTABLES HAVE THE FOLLOWING RESPONSIBLITIES AS GIVEN BY THE CODE OF
ALABAMA 1975 AND THE CONSTITUTION OF ALABAMA 1901
AMENDMENT 328 RATIFIED
Amendment of Article VI.
Article VI of the Constitution of Alabama of 1901, as amended, and amendments 317 and
323 thereof, are hereby repealed and in lieu thereof the following article shall be adopted:
THE JUDICIAL DEPARTMENT.
6.20. District attorneys, clerks, court revenue.
c) Persons elected to the position of constable to assist the courts of the state as
provided by law shall be subject to the same restrictions, rights and limitations
as are specified in section 280 of the Constitution of 1901, and no law shall
prohibit the receipt of fees for the performance of official duties of said position
while holding any other elected or appointed office.
Holding state and federal office at same time; holding two state offices at same time.
No person holding an office of profit under the United States, except postmasters,
whose annual salaries do not exceed two hundred dollars, shall, during his
continuance in such office, hold any office of profit under this state; nor,
unless otherwise provided in this Constitution, shall any person hold two
offices of profit at one and the same time under this state, except justices
of the peace, constables, notaries public, and commissioner of deeds.
It shall be the duty of every constable:
(1) To attend the circuit court of the county when summoned by the sheriff for that purpose;
(2) To execute and return all summons, executions and other process directed to him by any lawful authority;
(3) To pay over moneys collected by virtue of his office to the person entitled thereto; and
(4) To perform such other duties as are or may be required of him by law.
Officers authorized to make arrests.
An arrest may be made, under a warrant or without a warrant, by any sheriff or
other officer acting as sheriff or his deputy, or by any constable, acting within
their respective counties, or by any marshal, deputy marshal or policeman of any
incorporated city or town within the limits of the county.
(Code 1852, §434; Code 1867, §3983; Code 1876, §4653; Code 1886, §4260;
Code 1896, §5209; Code 1907, §6267; Code 1923, §3261; Code 1940, T. 15, §152.)
Enforcement of chapter; arrest procedure; bail bond.
Any peace officer, including state troopers, sheriffs and their deputies,
constables and their deputies, police officers and marshals of cities or
incorporated towns, county police or patrols, state or county license
inspectors and their deputies, and special officers appointed by any agency of the
State of Alabama for the enforcement of its laws relating to motor vehicles,
now existing or hereafter enacted, shall be authorized, and it is hereby
made the duty of each of them to enforce the provisions of this chapter
and to make arrests for any violation or violations thereof, without
warrant if the offense be committed in his presence, and with warrant
if he does not observe the commission of the offense. If the arrest be
made without warrant, the accused may elect to be immediately taken before
the nearest court having jurisdiction, whereupon it shall be the duty of the
officer to so take him. If the accused elects not to be so taken, then it
shall be the duty of the officer to require of the accused a bail bond in a
sum not to exceed $300.00, conditioned that the accused binds himself to
appear in the nearest court having jurisdiction at the time fixed in the bond.
In case the arrested person fails to appear on the day fixed, the bond shall be
forfeited in the manner as is provided for the forfeiture of bonds in other cases.
No officer shall be permitted to take a cash bond. The officer making the arrest
and taking the bond shall report the same to the court having jurisdiction within
18 hours after taking such bond.
(Acts 1949, No. 516, p. 740, §49.)