HomeMy WebLinkAbout96-0031 miscIN RE: : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PETITION FOR RENEWAL
OF PRIVATE DETECTIVE
LICENSE OF NO. 96-0031 MISCELLANEOUS
THOMAS DACHEUX :
IN RE: THOMAS DACHEUX'S PETITION FOR
RENEWAL OF PRIVATE DETECTIVE LICENSE
ORDER OF COURT
AND NOW, April 16, 1999, after careful consideration of Petitioner's claims,
the Court finds that Petitioner is not entitled to hold a private detective's license
while he holds the position of constable. See In Re Stanley, 204 Pa. Super. 29,
201 A.2d 287 (1964).4 The position of constable can be analogized to that of
police officer. Constables may serve process. See 13 P.S. §41. Courts may
direct constables to investigate violations of the law. See 13 P.S. §44. A
constable may arrest, without a warrant, persons guilty of a breach of the peace,
vagrancy, riotous or disorderly conduct or drunkenness upon personally viewing the
unlawful conduct. See 13 P.S. §45. Police officers may simultaneously serve as
constables if the officer receives only the salary owed him as a police officer and
no additional compensation for his duties as a constable. See 53 P.S. §634.
Active police officers may not hold private detective licenses. See In Re: Kuma K-
9 Security Inc., 351 Pa. Super. 471,506 A.2d 445 (1986). Given the above cited
authority, Petitioner may not hold a private detective license. To obtain a private
~ Petitioner asks that the Court grant his petition although the Stanley case
explicitly prohibits constables from holding private detective licenses. It is not the
province of this Court to overturn precedent established by a higher court.
detective license, Petitioner may resign from his position as constable and re-apply
for the license. Petitioner is not eligible to renew his old private detective license
because it expired April 1, 1998. See 22 P.S. §21. The Petition for Renewal of
a Private Detective License is denied.
By the Court,
Thomas H. Dacheux, pro se
215 Woodland Avenue
New Cumberland, PA 17070
Jaime M. Keating, Esquire
Cumberland County District Attorney's Office
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