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Question about entering a residence
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=12790		 Page 1 of 1
Author:  Herdo [ Mon 16 Jan 2012 03:01 ]
Post subject:  Question about entering a residence
I was looking over the state laws and when I got to Arizona I noticed this.

"License required. A surety may empower a bail recovery agent to arrest a defendant (ARSA 20-282.10). The bail recovery agent may not enter a residence without permission, nor make an arrest without written authorization from an Arizona licensed bail bondsman, nor wear law enforcement- like apparel. The recovery agent must identify himself as such. Out of state bondsmen must contract for a recovery agent through an Arizona bondsman. Bondsman must report in writing to DOI name of recovery agent. Violation is a class 5 felony. (ARSA 13-3885). A recovery agent must submit to the DOI triennially a new set of fingerprints for a criminal background check. He cannot have been convicted of a felony or an offense using a dangerous weapon. (ARSA 20-323) UCEA"

Does anyone know if this pertains to the defendants residence? What about if the BEA knows for a fact that the defendant is inside a residence, or the defendant is looking through the window waving?

Does anyone have similar laws they need to comply with in their state?
Author:  speezack [ Mon 16 Jan 2012 06:36 ]
Post subject:  Re: Question about entering a residence
Well, I don't live in AZ but I would say that if that is the present wording in the code, it is pretty clear... period... seems to cover it pretty well, "may not without permission"...

Virginia says you must identify yourself ... I simply say "Bondsman"... although one may say "Pizza delivery" or "Poppa Johns Pizza" which actually works rather well and when the door opens I smile and say "Bondsman"... which I think is perfectly legal, but seriously and legally............... just read the code verbatim and comply exactly... don't try to interpret... just follow the exact wording and you should be fine.

I have never forced entry, kicked down a door or in any manner damaged property or threatened someone with bodily harm... except my grandson for leaving my backdoor open.... 8)

This is general info regardless of the state and it is available on the website of that particular state... for public consumption.




Oh... and if no one answers the door and I am with another person, I just turn to them and in a loud voice say... "well, I guess we'll just have to take this check back to the office...".... usually there is a loud scrambling inside and the door will fly open... and even after the person is in the car in cuffs, I have had them look at me and say... "so where is the check??" :roll: sorry, I just happened to remember that particular tale....
Author:  Joey_R [ Mon 16 Jan 2012 08:48 ]
Post subject:  Re: Question about entering a residence
I believe most good BEA's don't go breaking and entering dwellings. Instead get "implied" permission to enter. Most people won't try to stop you from entering, until you leave and they learn through someone that they could of easily told you not to enter. Then again, I'm in VA not Arizona. Be blessed!
Author:  tsuggs [ Mon 16 Jan 2012 15:19 ]
Post subject:  Re: Question about entering a residence
Does the bail bond contract state that the defendant MUST allow the bail agent or his "agent" to enter the residence of the defendant?

If so, you have permission. If not, you can't.

But, there is always some buts in there. Does AZ have a hot pursuit code?

My advice would be to read all AZ code sections dealing with entering a premise. Read all the fine print in the bail bond contract.
Author:  KARMA [ Mon 16 Jan 2012 15:41 ]
Post subject:  Re: Question about entering a residence
Contact Marvin Bordeaux . . . sign on Name here Marvin
Author:  Herdo [ Mon 16 Jan 2012 15:50 ]
Post subject:  Re: Question about entering a residence
Thanks for the replies everyone. I guess I will have to talk to an AZ BEA, as they would most likely know for sure.

As for the "implied permission", I see this a lot.

B.E.A.- "I need to search the home"

Home Owner- "Yea whatever"

B.E.A.- "OK?"

Home Owner- "Yea, ok"

or

B.E.A- "I need to come in and take a look around"

Home Owner- "But I nee.."

B.E.A.- "Can you show me through the house?"

Home Owner- "Yea sure..."



It seems to be pretty effective. I guess the key here is confidence. Make it seem like you are coming in whether they let you in or not.
Author:  Joey_R [ Tue 17 Jan 2012 06:18 ]
Post subject:  Re: Question about entering a residence
Implied to me has worked best when you ask, "is john doe in the house?" They answer no, then you preceed as you state, "then you don't mind me searching,right?" AS your already walking in, hope it helps, be blessed.
Author:  AcaciaCon [ Tue 17 Jan 2012 12:15 ]
Post subject:  Re: Question about entering a residence
I like:

"The guy I work for is kind of a dick, and he'll keep sending people here until the address is off his list. Can i do a quick search so I don't have to come back here and you can stop being bothered?"
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