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Posted: 1/11/2005 3:34:41 PM EDT
A current trend in reality television includes shows about bail enforcement (‘Dog the Bounty Hunter’ and ‘Family Bonds’).

What are the legalities surrounding bail enforcement?  Do these guys have powers of arrest above that of a regular citizen?  Don’t they need warrants to enter a person’s home?
Link Posted: 1/11/2005 3:38:50 PM EDT
[Last Edit: 1/11/2005 3:39:34 PM EDT by Bama-Shooter]
No, they only have citizen arrest powers.

No, they do not need a warrant to go into a home if they BELIEVE the person they are looking for is in there.

And in this state, No, an LEO cannot work as bounty hunter.

ETA: Added the LEO part on my own.
Link Posted: 1/11/2005 3:51:19 PM EDT

Originally Posted By Bama-Shooter:
No, they do not need a warrant to go into a home if they BELIEVE the person they are looking for is in there.



How can that be?  What law empowers these guys to enter private property?
Link Posted: 1/11/2005 3:53:27 PM EDT
only if you signed as a guarentee on the person on bail, if joe blow bailman comes to my door, he can pound sand, if he attempts to force his way in, he can be arrested
Link Posted: 1/11/2005 3:54:54 PM EDT
[Last Edit: 1/11/2005 3:56:11 PM EDT by Pangea]
I have to wonder why there isn't bounty hunter guts sprayed on front porches all over the country if they try to enter a home without a warrant.
Link Posted: 1/11/2005 3:59:55 PM EDT

Originally Posted By Pangea:
I have to wonder why there isn't bounty hunter guts sprayed on front porches all over the country if they try to enter a home without a warrant.



Because 90% of the time they have really good intel as to where their subject is located.  They dont just go busting in on any old house they see.

In NY there was no real state regulation.  All I needed was a noterized letter from the bail bondsman stateing that I was working for him and I was good to go.

In Indiana there is much more stringent regulation, inculding having to have special insurance and posting a bond to the state to legally do bail enforcment work.

Link Posted: 1/11/2005 4:02:56 PM EDT
LOUISIANA STATUTES ANNOTATED LOUISIANA REVISED STATUTES TITLE 22. INSURANCE CHAPTER 1. INSURANCE CODE PART XXXIV. BAIL ENFORCEMENT AGENTS  § 1514.1. Definitions

"Bail enforcement" means the apprehension or surrender of a person who is released on bail or who has failed to appear at any stage of the proceedings to answer the charge before the court in which he may be prosecuted.

"Bail enforcement agent" means a person who engages in bail enforcement.

Bounty Hunter Provisions.

License required.  All recovery agents must be licensed by DOI.  Out of state recovery personnel must contract with a bail agent licensed in Lousiana.  Recovery personnel required to wear apparel identifying bail bond company during apprehension or surrender in a private residence.  For apprehension in a private residence, notification of local law enforcement required.  (LAC title 37, Part XIII, Ch. 49, Reg 65, Sec. 4901 et seq.)
Link Posted: 1/11/2005 4:09:50 PM EDT
Ok. so a bounty hunter barges in your front door and you truely don't know why. You shoot, in what you think is a self defense situation, and kill the bastard. Would it be self defense, wrongful death, murder one? What happens then?
Link Posted: 1/11/2005 4:10:28 PM EDT

Originally Posted By CavalryJim:

Originally Posted By Bama-Shooter:
No, they do not need a warrant to go into a home if they BELIEVE the person they are looking for is in there.



How can that be?  What law empowers these guys to enter private property?



I can't quote the law but they can. They are not COPS and therefore are not regulated by the 4th Amendment.

It's the same thing as a private citizen can search your home and report what they find. Did they commit burglary, yes. Violate the 4th, no.
Link Posted: 1/11/2005 4:18:20 PM EDT

Originally Posted By rainman:
Ok. so a bounty hunter barges in your front door and you truely don't know why. You shoot, in what you think is a self defense situation, and kill the bastard. Would it be self defense, wrongful death, murder one? What happens then?



Ummm.....they're going to knock first.  
Link Posted: 1/11/2005 4:21:44 PM EDT
Laws are different in each state.  You are in Louisiana, look at the quoted law I posted about entering private residences above.
Link Posted: 1/11/2005 4:30:54 PM EDT

Originally Posted By jbombelli:

Originally Posted By rainman:
Ok. so a bounty hunter barges in your front door and you truely don't know why. You shoot, in what you think is a self defense situation, and kill the bastard. Would it be self defense, wrongful death, murder one? What happens then?



Ummm.....they're going to knock first.  




Let me be more clear.

When someone knocks on my door I usually don't ask whos there, I just open it. Sometimes gun in hand.....I'm rural.

So, heres the situation, You open your door and this guy yells "bounty hunter". First of all, you have no reason to believe him. Second, he starts to tackle you, IN YOUR OWN LIVING ROOM!!. You shoot the fucker cause you think hes a whatever... Would it be self defense?    
Link Posted: 1/11/2005 4:39:32 PM EDT

Originally Posted By rainman:
Let me be more clear.

When someone knocks on my door I usually don't ask whos there, I just open it. Sometimes gun in hand.....I'm rural.

So, heres the situation, You open your door and this guy yells "bounty hunter". First of all, you have no reason to believe him. Second, he starts to tackle you, IN YOUR OWN LIVING ROOM!!. You shoot the fucker cause you think hes a whatever... Would it be self defense?    



If I am on the jury, you are sleeping in your own bed after the trial.
Link Posted: 1/11/2005 5:04:55 PM EDT

Originally Posted By rainman:

Originally Posted By jbombelli:

Originally Posted By rainman:
Ok. so a bounty hunter barges in your front door and you truely don't know why. You shoot, in what you think is a self defense situation, and kill the bastard. Would it be self defense, wrongful death, murder one? What happens then?



Ummm.....they're going to knock first.  




Let me be more clear.

When someone knocks on my door I usually don't ask whos there, I just open it. Sometimes gun in hand.....I'm rural.

So, heres the situation, You open your door and this guy yells "bounty hunter". First of all, you have no reason to believe him. Second, he starts to tackle you, IN YOUR OWN LIVING ROOM!!. You shoot the fucker cause you think hes a whatever... Would it be self defense?    



Let me be more clear as well, since I do know people in that industry.  They knock first.  They tell you who they are, why they are there, and who they are looking for, and they have a warrant and bail revocation order in their hands.  They look real official.  IF they have reason to believe their guy is in the house, AND you try to slam the door on them, they WILL enter quickly, and try to neutralize you as a threat while they search the house.  There will probably be someone around back also, in case the guy tries to run out the back.  MOST will not just come to your house and kick in the door, for fear of having the wrong house and getting shot over it.  NONE of them thinks a scumbag fugitive is worth dying over.  But they do tend to have EXCELLENT information, as somebody almost always rats the guy out and says "he's right over at this house here right now..." and often they check with neighbors, showing a picture and asking if they've seen him.  They cover as many bases as possible and get the best info they can.  At least anybody who has been in the business for more than 2 days.

That said, if they kicked in MY door, and came in yelling and screaming, I would probably open fire.  But then, I do not typically have fugitives in my house that need to be hidden from the bail enforcement agents, and do not expect them to visit anytime soon.  Do you????
Link Posted: 1/11/2005 5:09:57 PM EDT
I don't open my door without looking, but I would say anyone forcing entry to my house is immediately taking their life in their hands.  

As I type these words, a Condition 1 FAL stoked with 155gr TAP is less than a long stretch and a lean from my hands.  

Armor?  What armor??
Link Posted: 1/11/2005 5:17:37 PM EDT

Originally Posted By CavalryJim:
A current trend in reality television includes shows about bail enforcement (‘Dog the Bounty Hunter’ and ‘Family Bonds’).

What are the legalities surrounding bail enforcement?  Do these guys have powers of arrest above that of a regular citizen?  Don’t they need warrants to enter a person’s home?



Bail bondsmen get their authority from a 1872 supreme court decision, Taylor v Taintor, which states in part;

"When bail is given, the principle is regarded
as delivered to the custody of his sureties.
Their dominion is a continuance of the original
imprisonment. Whenever they choose to do
so, they may seize him and deliver him up in their
discharge, and if that cannot be done
at once, they may imprison him until it can be done.
They may exercise their rights in
person or by agent. They may pursue him into another
state; may arrest him on the Sabbath;
and if necessary, may break and enter his house for
that purpose. The seizure is not made
by virtue of new process. None is needed. It is likened
to the rearrest, by the sheriff, of an escaping prisoner."

Link Posted: 1/11/2005 5:19:43 PM EDT

Originally Posted By tommytrauma:

Originally Posted By CavalryJim:
A current trend in reality television includes shows about bail enforcement (‘Dog the Bounty Hunter’ and ‘Family Bonds’).

What are the legalities surrounding bail enforcement?  Do these guys have powers of arrest above that of a regular citizen?  Don’t they need warrants to enter a person’s home?



Bail bondsmen get their authority from a 1872 supreme court decision, Taylor v Taintor, which states in part;

"When bail is given, the principle is regarded
as delivered to the custody of his sureties.
Their dominion is a continuance of the original
imprisonment. Whenever they choose to do
so, they may seize him and deliver him up in their
discharge, and if that cannot be done
at once, they may imprison him until it can be done.
They may exercise their rights in
person or by agent. They may pursue him into another
state; may arrest him on the Sabbath;
and if necessary, may break and enter his house for
that purpose. The seizure is not made
by virtue of new process. None is needed. It is likened
to the rearrest, by the sheriff, of an escaping prisoner."


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