Re: BOUNTY HUNTERS
Posted: Mon Nov 30, 2015 10:46 am
Was anyone in the house a fugitive? If so does that give the bounty hunter rights ?
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In the United States of America, bounty hunters have varying levels of authority in their duties with regard to their targets depending on which states they operate in. As opined in Taylor v. Taintor, and barring restrictions applicable state by state, a bounty hunter can enter the fugitive's private property without a warrant in order to execute a re-arrest. They cannot, however, enter the property of anyone other than the fugitive without a warrant or the owner's permission.
http://people.howstuffworks.com/bounty-hunting1.htmTexas
A Texas bounty hunter is required to be a peace officer, Level III (armed) security officer, or a private investigator.[10]
All the bounty hunter needs to make an arrest is a copy of the "bail piece" (the paperwork indicating that the person is a fugitive) and, in some states, a certified copy of the bond. He or she doesn't need a warrant, can enter private property unannounced and doesn't have to read a fugitive his or her Miranda rights before making the arrest. But there are rules and regulations to the job. The bail bond contract gives bounty hunters the right to enter the home of a fugitive, but only after establishing without a doubt that the person lives there. They cannot enter the homes of friends or family members to look for the fugitive.
If the Bounty Hunter was at the wrong place I'd think home invasion robbery. If one came to my house that's what I would thinkWTR wrote:Never heard of the fugitive before the other morning......the BBs went to a bogus address. My friend will stack up the Bail Bondsmen like cord wood if they every try their tactics again.......he is POed. What responsibility do the BBs have to make sure they have a valid address? Remember the AZ Sheriff's incident?
911 what is your emergency ?WTR wrote:we both live in the country and it has always taken the Deputies about an hour to respond to what they consider a " non emergency" call.
I can understand them having the wrong address. But their behavior us unacceptable for me. I am VERY protective of my property, especially considering my house is way off the road. With their described behavior and threats to his dogs, even after being told they had the wrong address, I would consider the entire incident to be an invasion on my property with threats to invade my home. It is a wonder they were not shot.WTR wrote:He is making arrangement to enclose his front area so the dogs can roam. We aren't use to asking for help. 911 may be called to send the coroner. If they can't get it right or at least be polite and not act like storm troopers.......then that's their problem.
Doesn't matter. Look it's not what we think it should be, it's what the courts have said. In a case like this if they went to knock on the door you can't get a criminal trespass. There is plentiful Texas case law about this.Glockster wrote:I disagree - commercial carriers or USPS in delivering your packages or mail have been given by you at least implicit permission to do so. The same for a utility services meter reader as you would have authorized that as a term of services. As for someone else trespassing by coming to your door, I think that depends upon where you have it posted. If you have a fence around your yard and a gate, and it is posted, then passing that point I believe would be trespass as your property is not open to the public. If it is just the door posted, then I believe that it is at that point that the potential for trespass begins. So I think that it depends upon where and how the notice is given, and here the OP didn't say where the signs were or the other conditions.EEllis wrote:No they can't ignore a no trespass sign but generally speaking, sign or not, going up and knocking at a door is not tresspassing. If it's ok for the mail carrier, UPS, or Fed EX to walk up then anyone can. When someone gets bonded out they do give up some right but that only goes for their rights. No one else's.
Are you joking? You have to know it doesn't work like that. I mean go ahead and believe anything you want but for everyone else if you want to successfully prosecute someone for trespassing you need a locked gate.E.Marquez wrote:"if they went to knock on the door you can't get a criminal trespass. There is plentiful Texas case law about this."
Can you point us to the case law on bounty hunters coming to a residence at night to a property not owned or lived at by the bail jumper who was acquitted or otherwise case dropped, not found guilty of trespassing having passed a closed gate and no trespassing signs?
Thanks
I thought all you needed was a circle slash gun sign sticker. That's what AG Morales said in '95 and why we needed to pass 30.06 to protect CHLs (not Bounty Hunters).EEllis wrote:Are you joking? You have to know it doesn't work like that. I mean go ahead and believe anything you want but for everyone else if you want to successfully prosecute someone for trespassing you need a locked gate.E.Marquez wrote:"if they went to knock on the door you can't get a criminal trespass. There is plentiful Texas case law about this."
Can you point us to the case law on bounty hunters coming to a residence at night to a property not owned or lived at by the bail jumper who was acquitted or otherwise case dropped, not found guilty of trespassing having passed a closed gate and no trespassing signs?
Thanks
Joking? No.. I read what you posted and was interested in this case law you stated was plentiful.EEllis wrote:Are you joking? You have to know it doesn't work like that. I mean go ahead and believe anything you want but for everyone else if you want to successfully prosecute someone for trespassing you need a locked gate.E.Marquez wrote:"if they went to knock on the door you can't get a criminal trespass. There is plentiful Texas case law about this."
Can you point us to the case law on bounty hunters coming to a residence at night to a property not owned or lived at by the bail jumper who was acquitted or otherwise case dropped, not found guilty of trespassing having passed a closed gate and no trespassing signs?
Thanks
What case law are you referring to then?EEllis wrote:There is plentiful Texas case law about this."