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Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 12:12 am
by WTR
What is ironic is that my friend is pro LE. If they had ID themselves and asked politely he would have let them search his home and his out buildings. As I said, he has never heard or seen this fugitive. The BHs acted as they had all the authority in the world for them to have their way. The BHs disappeared when he said he was calling the Sheriff. They had parked a vehicle out of sight, but as they drove off he thinks it had AZ plates.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 12:35 am
by EEllis
Then they were likely operating illegally and if they had stayed there they would have had a good chance of going to jail. If he got a company name have him call DPS as any company conducting such activities in Texas must be licensed thru them.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 10:48 am
by Glockster
According to the information cited on the DPS site, if a bounty hunter doesn't in any way meet Texas' legal requirements they can be arrested for committing a felony. That includes filing an application and meeting the qualifications listed.
https://www.txdps.state.tx.us/rsd/psb/n ... hunter.htm
At some point this might also be applicable:
Sec. 1702.3867. Execution Of Capias Or Arrest Warrant; Offense.
(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:
1.enter a residence without the consent of the occupants;
I am not an expert on this, just can read a web page, but from what I read, out of state bounty hunters who are not "Peace officer or a registered and insured PI or Commissioned security officer working for a licensed company" are violating the law. You must be licensed by the Texas Department of Public Safety, private security bureau. There must be a contract with a licensed company and there must be an authorization to arrest. Anything else is a felony in Texas.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 11:30 am
by VMI77
WTR wrote:What is ironic is that my friend is pro LE. If they had ID themselves and asked politely he would have let them search his home and his out buildings. As I said, he has never heard or seen this fugitive. The BHs acted as they had all the authority in the world for them to have their way. The BHs disappeared when he said he was calling the Sheriff. They had parked a vehicle out of sight, but as they drove off he thinks it had AZ plates.
Why would he allow a bunch of armed strangers who are not LEOs to enter his home under any circumstances, whatever their ID or how polite they are? Criminals can be polite too. If he had reason to believe there was a fugitive on his property then the smart thing to do is call the police. What if these guys searched his property and found the fugitive and a shootout ensued? Why would he risk non LEO strangers claiming to be BHs having a shootout on his property with rounds flying who knows where?
Being pro LE doesn't mean letting just anyone who claims to be after a fugitive have free reign on your property and in your home. I wouldn't even let actual LE into my home unless they had a warrant or there really was a fugitive inside. I just read a case the other day where actual police showed up at someone's home looking for a fugitive and the owners let them in after warning them they had a dog and the police told them they knew about the dog and it wouldn't be a problem. The result: dog shot to death on their child's bed.
If you love your dogs then it's crazy to let any cop around them on your property unless you personally know you can trust that particular officer not to shoot your dog. There is no way I'd voluntarily allow police on my property unless my dogs were safe and secured in such as way that there could be no possibility of them being in any way construed as a threat --and honestly, I don't see how that could be accomplished if your home is being searched.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 11:53 am
by WTR
Trust me, they would have had to produce proper paper work and IDs before he would have opened his door. As for the dogs, the previous owners of the property raised Collies, there are kennels with chain link walls and concrete floors he could have secured the dogs with. He also would have kept a bubble around his personal space and he is very fond of his 1911 and M2.......they go where he goes (as I said he is a retired Marine). Knowing him, he probably called one of his close (in proximity) friends to come over before he let anyone in his home.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 12:34 pm
by VMI77
WTR wrote:Trust me, they would have had to produce proper paper work and IDs before he would have opened his door. As for the dogs, the previous owners of the property raised Collies, there are kennels with chain link walls and concrete floors he could have secured the dogs with. He also would have kept a bubble around his personal space and he is very fond of his 1911 and M2.......they go where he goes (as I said he is a retired Marine). Knowing him, he probably called one of his close (in proximity) friends to come over before he let anyone in his home.
OK, but I wouldn't have let them into MY home under any circumstances --dogs or not. You want to enter my home you'd better be actual LE with a warrant or LE under legitimate exigent circumstances. Of course if it's actual LE I ultimately won't have a choice but I certainly wouldn't give permission for it. No way some BH is getting into my home with my consent.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 3:12 pm
by Abraham
Why would one not immediately call the police when threatening, potential criminals announce they're BH's all the while attempting to intimidate?
That's the first thing I'd do.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 3:22 pm
by VMI77
Abraham wrote:Why would one not immediately call the police when threatening, potential criminals announce they're BH's all the while attempting to intimidate?
That's the first thing I'd do.
I would too, but I also know that the chances of police showing up in response in less than 30 minutes is near zero, and it would probably be more like an hour, so ultimately it's likely I'd have to deal with the situation myself.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 3:28 pm
by Abraham
Yes, of course.
I'd be quite ready too...but, I'd still call LE.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 3:33 pm
by Abraham
I neglected to mention that BH's seem to think the law doesn't apply to them due to some BH loophole.
If they were to attempt to invade my home as if they have every right to because they happen to be after someone, convinced I'm harboring them, certain I can't lawfully protect my home and it'll be a really, ugly affair...
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 3:35 pm
by Glockster
Abraham wrote:I neglected to mention that BH's seem to think the law doesn't apply to them due to some BH loophole.
If they were to attempt to invade my home as if they have every right to because they happen to be after someone, convinced I'm harboring them, certain I can't lawfully protect my home and it'll be a really, ugly affair...
Which makes no sense, based on what I found and posted above. It seems that in Texas at least that they have much that they cannot legally do without committing a felony.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 3:58 pm
by Abraham
Glockster,
What makes no sense?
Thanks!
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 5:38 pm
by Glockster
Abraham wrote:Glockster,
What makes no sense?
Thanks!
Sure -- meaning thinking that the law doesn't apply to them makes no sense. If they are out of state bounty hunters who are not "Peace officer or a registered and insured PI or Commissioned security officer working for a licensed company" they are violating the law. You must be licensed by the Texas Department of Public Safety, private security bureau. There must be a contract with a licensed company and there must be an authorization to arrest. Anything else is a felony in Texas.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 6:13 pm
by EEllis
Glockster wrote:Abraham wrote:Glockster,
What makes no sense?
Thanks!
Sure -- meaning thinking that the law doesn't apply to them makes no sense. If they are out of state bounty hunters who are not "Peace officer or a registered and insured PI or Commissioned security officer working for a licensed company" they are violating the law. You must be licensed by the Texas Department of Public Safety, private security bureau. There must be a contract with a licensed company and there must be an authorization to arrest. Anything else is a felony in Texas.
Actually the person who holds the bond can operate inside Texas legally. It's illegal for someone else to arrest on that bond without falling into one of those categories. Right now only police and commissioned security can carry in plain view.
Re: BOUNTY HUNTERS
Posted: Tue Dec 01, 2015 6:43 pm
by Glockster
EEllis wrote:Glockster wrote:Abraham wrote:Glockster,
What makes no sense?
Thanks!
Sure -- meaning thinking that the law doesn't apply to them makes no sense. If they are out of state bounty hunters who are not "Peace officer or a registered and insured PI or Commissioned security officer working for a licensed company" they are violating the law. You must be licensed by the Texas Department of Public Safety, private security bureau. There must be a contract with a licensed company and there must be an authorization to arrest. Anything else is a felony in Texas.
Actually the person who holds the bond can operate inside Texas legally. It's illegal for someone else to arrest on that bond without falling into one of those categories. Right now only police and commissioned security can carry in plain view.
So are you saying that the law referenced and quoted from the DPS site is wrong? That DPS referring to the law that requires them to be licensed and working for a licensed company is incorrect? That sure confuses me as I found several sites that specifically said that a bond holder who thinks that they can do anything in violation of that is breaking the law. And even one site that discusses that a bond holder cannot even conduct surveillance, much less do anything else.