Constable 40
Constable 40 : Modern Usage By Country: (11. 16) Nevada: (7. 16. 2) Hansen Case: There is some confusion over whether Nevada state law mandates that constables shall be peace officers a) regardless of what other provisions of state law require, b) the opposite; i. e. , that state law requires that constables be certified peace officers to remain in office, or c) some nebulous legal point in between. Some of the confusion resulted from a 2002 elections case before the Nevada 8th Judicial District in Clark County, Hansen v Bell et al. . In Hansen the 8th District ordered a candidate's name to be removed from the ballot in the election for Constable of the Township of Henderson because the candidate would not be twenty-one years old before taking office. An administrative regulation governing peace officer certification set the minimum age requirement at twenty-one on peace officers. The primary statute the District Court relied on was NRS 258. 070 which states that constables shall[emphasis added] be peace officers in their township. On appeal, the Nevada Supreme Court reversed the 8th District. Furthermore, the Nevada Supreme Court ruled that absent a statutory revision by the legislature, elected constables (but not their deputies) were exempt from the provisions of NRS 289. 550, the primary statute establishing peace officer standards. Case Law