Could a Louisiana justice-of-the-peace constable use a locksmith to execute the court’s writ?

Plain-English summary

A justice of the peace asked whether the court's constable could use a locksmith to enter a locked building while carrying out its writ. The 2013 opinion concluded no for a justice-of-the-peace writ. The statute giving sheriffs authority to break open an entry when executing certain court writs did not give the same power to these constables.

The AG identified a limited different situation: if a sheriff authorized a constable to serve district-court process within the constable's ward or district, the constable had sheriff powers for that service. The AG said those powers could include the entry authority in La. C.C.P. art. 325.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Justices of the peace and constables

The AG said their own court's writ did not authorize forced entry or use of a locksmith to get into a locked building.

Sheriffs

The opinion distinguished a sheriff's express entry authority and the limited power a constable could exercise when serving district-court process at a sheriff's request.

Common questions

Could a constable use a locksmith for a justice court writ?

No. The AG said the constable lacked statutory authority for that entry when executing a writ from the justice-of-the-peace court.

Could a sheriff use a locksmith to execute a court writ?

The opinion read La. C.C.P. art. 325 as giving a sheriff necessary entry authority for writs directed by the specified higher courts.

When could the constable acquire sheriff powers for process service?

When serving district-court process in the constable's territory at the sheriff's request. The AG said those powers could include the entry authority, rather than expressly deciding that the constable could use it in every such case.

Background and statutory framework

La. C.C.P. art. 321 described the sheriff's process duties, and La. C.C.P. art. 325 supplied the sheriff's entry power. The AG found no comparable grant for a justice-court constable's own writ. It applied La. C.C.P. art. 332 to the distinct sheriff-authorized district-court service exception.

Citations

• La. C.C.P. art. 321: sheriff process duties.
• La. C.C.P. art. 325: sheriff entry authority.
• La. C.C.P. art. 332: district-court process served by an authorized constable.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0107

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

~tate of 1Jlouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDV" CALDWELL
ATIORNEV GENERAL
November 19, 2013
OPINION 13-0107

57 JUSTICES OF THE PEACE
107 SHERIFFS - Constables & Marshals, including Ex-Officio Tax Collectors, rights, powers & duties, in general

Honorable Connie Moore
La. Const. Art. 5, § 20; La. C.C.P. art. 321; La. C.C.P. art. 331; La.
Justice of the Peace
C.C.P. art. 332; La. C.C.P. art. 325; La. R.S. 13:1881; and La. R.S.
73477 Tammy Lane
13:3478

Covington, Louisiana 70435
A constable of a justice of the peace court does not have the authority .
to use a locksmith to obtain entry into a locked building when executing a writ issued by a justice of the peace court.

Dear Ms. Moore:

You have requested an opinion of the Attorney General as to whether a constable of a justice of the peace court may use a locksmith to obtain entry to a locked building when executing a writ issued by a justice of the peace court. Your request has been assigned to me for research and reply.

Justice of the peace courts are provided for in the Louisiana Constitution of 1974, Article 5, Section 20. A constable serves as the legal officer for the justice of the peace court. 1 He is the authorized officer to execute and serve all orders and writs issued by the justice of the peace of his particular ward or district. 2

Similarly, the sheriff is the executive officer of the district court. 3 La. C.C.P. art. 321 states that the sheriff "shall serve citations, summons, subpoenas, notices, and other process, and shall execute writs, mandates, orders, and judgments directed to him by th~ district courts, the courts of appeal, and the supreme court." Pursuant to La. C.C.P. art. 325, the sheriff, if necessary to effect entry, may break open any door or window in the execution of a writ, mandate, order, or judgment of a court. It is the opinion of this office that La. C.C.P. art. 325 gives the sheriff the authority to use a locksmith to gain entry to a locked building in order to execute writs, mandates, orders, and judgments directed to him by the district courts, the courts of appeal, and the supreme court.

However, as this article is specific to sheriffs, the question now turns to whether the same authority is given to constables of justice of the peace courts. La. C.C.P. art. 331 states that "a deputy sheriff possess all the powers and authority granted by law to the sheriff, and may perform any of the duties and exercise any of the functions of the sheriff." Additionally, La. R.S. 13:1881 (A) provides that "marshals of city courts have

1
See La. R.S. 13:3478; See also La. Atty. Gen. Cp. No. 77-320.
2
La. R.S. 13:3478.
3
La. C.C.P. art. 321.

Page 2

OPINION 13·0107
Honorable Connie G. Moore
Page No.2

the same powers and authority of a sheriff when executing orders and mandates of city court. 1J4 No similar state law exists applicable to constables of justice of the peace courts. Had the legislature intended to give the constables of justice of the peace courts the same powers and authority of sheriffs, it could have done so through legislation.

Therefore, it is the opinion of this office that constables of justice of the peace courts do not have the authority to break open any door or window in the execution of a writ, mandate, order, or judgment of the justice of the peace court. As such, constables of justice of the peace courts do not have the authority to use a locksmith to obtain entry to a locked building when executing a' writ issued by a justice of the peace court. However, we acknowledge the authority of the legislature to enact legislation which would grant constables of justice of the peace court the same authority as sheriffs and city marshals in the execution of a writ, mandate, order, or judgment.

Finally, we note a limited exception to the above stated law and direct your attention to La. C.C.P. art. 332, which provides that constables of justice of the peace courts may be authorized by the sheriff to serve the processes of the district court. 5 In so doing, constables are provided the same powers and authority as the sheriff. 6 This could include the authority to break open any door or window as provided for in La. C.C.P. art.
. 325. However, this exception only applies when constables of justice of the peace courts are serving processes of the district court within the territorial jurisdiction of their justice of the peace wards or districts at the request of the sheriff.

In conclusion, it is the opinion of this o'Ffice that, generally, constables of justice of the peace courts do not have the authority to break open any door or window when executing a writ issued by a justice of the peace court. As such, a constable of justice of the peace court may not use a locksmith to obtain entry into a locked building when
. executing a writ issued by a justice of the peace court. However, when authorized by the sheriff to serve the processes of the district court, constables of justice of the peace courts have the same powers and authority as a sheriff within the territorial jurisdiction of their justice of the peace ward or district.

4
See La. R.S. 13:1881 (A) which states "[t]he marshal is the executive officer of the court; he shall execute the orders and mandates of the court and in the execution thereof, and in making arrests and ~reserving the peace, he has the same powers and authority of a sheriff."
See La. C.C.P. art. 332.
.
6 Id.

Page 3

OPINION 13-0107
Honorable Connie G. Moore
Page No.3

We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

BY: 'tWJ~ t fJEf
Erin C. Day
Assistant Attorney General

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