The Leading Association for Reserve, Auxiliary and Special Law Enforcement Officers

A History of Reserve Law Enforcement

Reserve law enforcement officers are your neighbors, friends and relatives. They may be bankers, construction workers, doctors, clerks, physicians and other occupations. They fly aircraft and operate boats as part of their duties. They patrol the streets of our eastern cities, the open spaces of the west and protect our natural resources. Reserve law enforcement is in many countries. There are volunteer citizen peace officers in Canada, Finland, Germany, Holland, Hong Kong, Israel, South Africa, Singapore, Switzerland, Malaysia and the United Kingdom (England, Wales, Scotland and Northern Ireland).

The term reserve includes many types of law enforcement officers. Reserve law enforcement officers receive their law enforcement authority from the law, whether that law is common law, case law or statute. They may be volunteer or part-time paid. They may work intermittently for several hours a month or for 40 hours a week for a few months of the year. Many shore communities on the East Coast of the US use seasonal peace officers who work during the summer months. The important distinction between reserve and career law enforcement officers (also called “regular officers”) is that reserve employment, if paid, is not the person’s primary source of income for an extended period of time (year after year), are usually paid on a per diem basis, usually does not include health insurance or pension benefits, and does not meet most definitions of a full-time employment. The titles of reserves are diverse. Titles include; auxiliary, reserve, special, part-time, supernumerary and seasonal. In many instances, reserves are not distinguished by any title. One example is the office of constable, which exists in many US states. Many constables are not full-time employees and do not receive health benefits or pensions. Many police departments and sheriff offices use paid part-time officers, but there is no difference in the title from a career officer. 

Reserve law enforcement has been in existence before the concept of modern policing took hold in the mid to late 19 century. Reserve law enforcement officers can go by many titles and have a variety of duties and responsibilities. When man first formed communities, persons volunteered their time to keep the peace. They raised the “hue and cry” when there was trouble. Some of the first police in 10^TH century Britain were constables (“constabulus” or count of the stable). Although at first they had a military role, their duties evolved into what today we would consider police duties. The first constables were Constables of the Manor. These were unpaid peace officers who were appointed by the Manor Court (the local lord who owned the property). They kept the King’s Peace, executed warrants, transported prisoners, removed “vagabonds” and set up the “hue and cry” (villagers who acted as watchmen during the evening hours). Some of the more unpleasant duties were punishing law breakers (many were punished for not attending church!) by executing sentences such as dunking in the village pond and whipping. As Britain became more populated, the manor constable evolved into the parish constable. As with the manor constable, parish constables were unpaid peace officers. The duties were essentially the same, but they had a larger area and more citizens. The parish constable worked with the Justice of the Peace.  The unpaid parish constable still exists in Britain to this day. They are now called special constables. There are over 11,000 of these volunteer peace officers serving all 43 police forces in Britain, Wales and Scotland. The office of special constable has existed for over 150 years, since the Special Constable Act of 1831. The act allowed the Justice of the Peace to “conscript men to combat riot and social unrest.” This act was updated in 1914, 1923 and 1964. Special constables played an important role in protecting the public during the “blitz” (bombing) of Britain during World War II. Many died in the line of duty.

The Sheriff (evolved from the “shire reeve” or headman of the shire, which means county) worked primarily for the king serving “writs” (civil papers and warrants) and tax collection. They were appointed by the king and in many instances it was a very lucrative occupation. Persons either bought or inherited the office of sheriff. They kept a portion of the taxes collected. They also were the direct representative of the king and wielded enormous power. They had very little to do with the day to day peace keeping in the villages and towns The sheriff in early British history was viewed by the common people more as a “oppressor” than a “protector”. The sheriff could raise a posse under the common law concept know as “posse commitatus” or “power of the county” (not to be confused with the US “Posse Commitatus Act of 1878” which forbid the use of the US military for direct enforcement of civilian law). This allowed the sheriff to call on citizens to act as volunteer peace officers. They helped keep the peace in times of unrest and apprehend fleeing lawbreakers.

The offices of constable and sheriff were imported to the United States during colonial times. In 1651, the colony of Virginia had an appointed/elected sheriff who included volunteer posse. The American colonies also had constables. Most were volunteer peace officers appointed by the village leaders. Like there British counterparts, they were responsible for keeping the peace and arresting law breakers who were brought before the justice of the peace. Some of the other duties of the Plymouth, Massachusetts constable in 1634 were weights and measures, surveyor and announcing marriages. During the war of 1812, a Maryland posse of volunteer citizen peace officers arrested several British soldiers for disorderly conduct and placed them in the custody of the sheriff. The leader of the posse was captured and imprisoned by the British on a warship. One of the negotiators for his release was Francis Scott Key. The first peace officer to be killed in the line of duty was Constable Darius Quimby of New York. Constable Quimby was gunned down in 1791. He was most likely an unpaid peace officer.

As America moved West, so did reserve peace officers. There were posses of volunteer peace officers that worked for the sheriff. There were per diem (per day) part-time deputies, constables and marshals. It was not unusual for a person to get a one-day appointment as a deputy sheriff, constable or marshal to find a lawbreaker and bring him to justice. Teddy Roosevelt was a part-time deputy sheriff. There were special US Deputy Marshals, appointed by the U.S. Marshal. Special deputy marshals worked for a pittance and sometimes for nothing to protect the citizens in the territories (which were not yet states) from roving bands of outlaws and to administer justice for the US courts and judges. Many of these volunteer and part time lawmen died in the line of duty.

In the 1940’s, many communities across the United States created volunteer auxiliary police and sheriff units. Auxiliary peace officers provided law enforcement services to communities who had lost manpower to the military and needed extra protection for strategic facilities during the war. After the war, many of these units came under Civil Defense, which later became emergency management, an important part of Homeland Security. Many communities also have special police, special deputy sheriffs, special constables and special deputy marshals. These part time and volunteer peace officers provided law enforcement during times of increased unrest and disorder and performed special duties.

The 1950s, 60s and 70s saw a growth in reserve law enforcement in the US. Then in the 1980s there was a decline in the number of reserve law enforcement programs and officers. After 9/11/01, there has been a renewed interested in volunteer law enforcement. Homeland security is now an issue and people want to be involved.

The training and law enforcement authority of reserves in the U.S. varies as much as the over 17,000 law enforcement agencies that comprise the U.S. law enforcement community. The training ranges from same as career peace officers receive which is usually 4 to 7 months of full-time training. Some reserve peace officer only receives a few hours of training. Some reserve peace officers are armed and some are not. Some have the same law enforcement arrest powers as career peace officers; some have limited to arrest powers.

Reserves work in all levels of government at the federal, state, county and municipal level. At the local and county level, reserves are an established part of law enforcement. In some states, many local municipalities have only part-time police. At the state level there are reserve state conservation and game enforcement officers and auxiliary state police and reserve highway patrol officers. There are even college and university reserve police. Reserve law enforcement in US government is seasonal US Park Rangers.

The future of reserve law enforcement is one of growth. Across the US and the world, law enforcement agencies are looking to reserve law enforcement to supplement, but not replace, career police services.

Los Angeles, CA, Phoenix AZ and Dallas TX have all expanded their reserve programs. The citizen’s desire to help in the fight against terror and crime has increased the demand for more reserve law enforcement.

© Erick Hoffman