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HERALD NEWS
New Jersey isn't the wild, wild west
Sunday, December 4, 2005
By PETER J. BARNES JR.
SPECIAL TO THE HERALD NEWS
When bounty hunters illegally broke down the apartment door of Brenda Livingston and Darryl Hardee, two Trenton residents, in search of a fugitive three weeks ago, it set off a reinvigorated debate about the need for greater regulation of those who are hired as bounty hunters. To make matters worse, it was reported that the intruders also burglarized the home by taking two rings and $750 in cash.
So while pop culture glamorizes the vigilante justice meted out on popular reality television shows like "Mad Dog, Bounty Hunter," it fails to convey the inherent dangers that these pseudo law enforcement agents pose to innocent civilians.
The truth is in New Jersey they are unlicensed, unsupervised, and undisciplined - they are a force unto themselves and New Jersey's recent experiences with rouge bounty hunters operating outside the law should advance the need for reform.
Take for instance the case of Claudia Santana, a 37-year-old Rutherford woman, who in June was abducted by two Pennsylvania bounty hunters.
She was placed in handcuffs, thrown in the back a van and driven 35 miles to the Dover police station only to find out they had arrested the wrong woman. These bounty hunters were also illegally carrying unlicensed guns.
Were these recent indiscretions two isolated incidents? Hardly. In the last few years, the number of run-ins between over zealous bounty hunters and innocent civilians both in New Jersey as well as the rest of the country has escalated steadily to the point where it can no longer be ignored.
So why are these bounty hunters able to operate at the fringes or, in many instances, outside the law? Regrettably, bounty hunters hide behind an 1872 Supreme Court decision that allows them to chase down fugitives by any means necessary, including crossing state lines and illegally entering private homes.
Sure, back in the 19th century when Ulysses S. Grant was president and four years before Gen. George Armstrong Custer and the 7th Cavalry were being annihilated on the remote section of the Montana Territory, the application of this ruling may have had some merit. But our law enforcement system has evolved considerably since that time. Yet, bounty hunters still operate in the dark ages of the 19th century.
The ultimate price for this inaction was paid in 1997, when Arizona bounty hunters killed two innocent people when they mistook the victims for fugitives. While most cases do not end in death, there is no doubt that these latest infractions are symptomatic of a widespread problem - bounty hunters operate on murky legal grounds, often times with impunity. In fact, the problem has become so egregious that state Attorney General Peter Harvey has supported legislation to license bounty hunters operating in New Jersey.
Viewed from the perspective of the top law enforcement official in the state, it is obvious that modern-day bounty hunters bear little resemblance to police officers as they possess no formal law enforcement training, nor are they governed or regulated by any New Jersey State statutes. They are a legislative enigma.
So is there still a need for bounty hunters to exist at all? Yes, but only if properly regulated as set forth by the State Police.
More precisely, what role should bounty hunters play within the law enforcement community?
Each year thousands of criminal defendants post bail and are released from jail yet flee from prosecution. Overwhelmed with their other duties, local police forces do not have the time or resources to spend tracking down these fugitives. Therefore, bail bond companies hire civilians, usually bounty hunters, to retrieve these bail jumpers.
I acknowledge that bounty hunters can serve a useful purpose. In fact, it is estimated that 90 percent of bail jumpers are subsequently arrested and taken into custody, presumably in most instances by bounty hunters - although no official number is available because bounty hunters are not required to register with the state. In fairness, however, bounty hunters need clear definitions as to their authority, formal law enforcement training, set criteria for licensing, and State Police oversight.
Along these lines, I have proposed legislation, A-3828, which will be considered this month and would require all bounty hunters to be licensed by the New Jersey State Police, have five years of law enforcement training, and undergo a criminal background check - the same requirements necessary to serve as a private detective in New Jersey.
In addition, it would also give bounty hunters credibility with local law enforcement and de-stigmatize the perception that they are small time vigilantes.
Modern television shows may glamorize the role of the Mad Dog on the small screen, but truth be told, if this sensible legislation passes, and Mad Dog enters New Jersey in search of a fugitive without the necessary licensing and training, it will be Mad Dog who is arrested.
Peter J. Barnes Jr., D-Edison, is the Majority Whip of the General Assembly.
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Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)
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