Doggie update (Duane Chapman - Dog the Bounty Hunter)

My 'attitude' towards Mr. Chapman is both professional AND personal. Professional in that I have long effected international apprehensions but I now fear going into Mexico again. Chapman has caused extreme concern when a BEA is working with the Mexican authorities for them to gather up a bail fugitive because certain Mexicans would welcome a US bounty hunter to prosecute as an example in the wake of Chapman's illegalities. Professional also in that Mr. Chapman and his co-conspirator, Beth (or whatever name she is using these days) are causing an escalating and seemingly endless negativity on the profession I've enjoyed for over twenty years.

Personal... because I had a long and recorded conversation (recorded with his knowledge and permission expressed on tape at the beginning of the conversation) with Mr. Chapman 10 months ago when he 'promised' his story on the Luster fiasco is the "absolute truth" (his words). I have since learned that most of what he personally told me are blatant lies.

I don't need a lawyer to know there is wiggle room per statute if and when one is charged. I was the subject of Commonwealth (Massachusetts) vs. Wilkinson regarding whether or not BEA's have the right to take a fugitive out of the state. I surrendered to the court and was never even arrested or booked but I underwent nearly four years of legal crap with 32 motion hearings. I never missed even one hearing though I was allowed by the court not to attend should I so choose (it was a one hundred and fifty mile round trip each hearing). The matter never went to trial. It was brought to the Massachusetts Supreme Judicial Court on motions. The MSJC ruled I could use the defense of 'lawful authority' BUT therein after it is illegal for the private sector to remove a fugitive from the state without resorting to the UCEA. The charges were then dismissed. BEA's still remove fugitives from the state BUT every once in a while one is caught, arrested and stands trial.

Yes, I know all about looking ahead at possible situations that could cause a legal quandry. There is an old phrase... "You might beat the rap but you won't miss the ride downtown." Its the ride downtown that costs tens of thousands of dollars. Mr. Chapman has yet to have his turn at the ride downtown. Maybe then he will learn to 'look ahead' and to heed the 'cause-and-effect' factor.

_________________
Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)

I'm curious why a lot of the more experienced BEA's don't move to more liberal states. It seems to me that life would be easier and more profitable if you did. Virginia, for example, has not and will not even begin to regulate BEA's until July 2005. Plus, if the more experienced guys leave town those jurisdictions may begin to wish they had not scared everyone off, leaving them with nothing but cowboys and assorted idiots

From time to time I have flirted with the idea of transplanting everything to Nevada for example, but doing so would be rather drastic.

Every now and then someone mentions that bail in California is headed towards a state run program. The stats for doing so arrive from states that have done it, and the FTA rates in those states is reportedly horrendous.

It is conceivable to reach the conclusion that it is hardcore pro that does it right and therefore keeps BE activities out of the press. If BE were left to those given to scandalous media attention then the end of trade would ultimately lead to more than just a passing mention.

Deathnova, L.A.W., Hgunner, R.D., Astorweb, Peterson, Ravenspyk, 5-O, Raptor, Olsen, and the like are paving the future of the BE trade.

Rex

I currently work for an agency who receives cases from a handful of bondsman, takes a small cut, and then distributes them to the group of agents who "work for" that company.

I would not mind seeing the state do something similar (eg. organize the trade into a state run program, allow qualified individuals to apply to that department, and then collecting a small tax for their efforts (or in the case of you California guys, a large tax for their proposed efforts </sarcasm>). If done correctly:

- Non-qualified individuals will be kept out of the trade
- Qualified agents will gain more credibility
- The state would mandate attendance of a sactioned academy and continued education thus maintaining a lateral standard of training thereby improving the image of bail enforcement as a trade.
- The state will maintain a level of control satisfactory to the state and agents alike (the state is somewhat assured that agents will not go off randomly breaking/entering, assaulting citizens etc. but will not overregulate to the point that it unreasonably infringes upon our operations).
- Given the proper training and accountability, the need for civil standby's and other dispatches by local police departments would be greately reduced if not nearly eliminated thus allowing localities to focus on more pressing issues.
- FTA's will decline as a result of the increased credibility making our dealing with the public a lot less sticky (eg. saving time, and thus money, by not having to explain who you are to ignorant individuals, cite laws, etc) and thus allowing us to perform our jobs more efficiently.
- BEA's will save time by not having to heavily manage receivables, enjoy lessened occurances of default by bondsman (a bondsman might steal from a BEA, but they would be less likely to not pay the state agency in fear of losing their ability to write bonds).
- BEA's will save even more time by not having to solicit bondsmen for business, haggle, or compete with other BEA's for business (under this imaginary proposal, the state would use a system for determining who is given which cases based on experience, seniority, and overall performance).

The important distinction here is that the BEA's would not be salary, we would continue to work on a commission basis.

So basicly what you are saying who ever it was that posted back to me first that this board has no room form people who work in the court room just BEA'S right.

and soemone also quoted a instant that happened. well i guess this is why more people do need to speak up right.. because certain places were created to protect people but will sit around even after something has hit media and a few have bene killed and say " well ya know we got a report but we were just to busy" come on... people like you guys cant be expected to make agencies do the job tax dollars pay them to do right.

my point is I think This whole Thing with the Chapman's is being gave more attension then it needs. And as long as attension is being given then its just gonna stay the same funny how the more things change the more they stay the same isnt it!
as far as the person who made the remark about what I thought and know of this case. Just because my understanding and yours dont match doesnt mean either one of use is wrong and when informing the public with such a board and its on lookers both sides should have some thoughts expressed don you think.It appears there is one line with this board. Follow the pack or be politely insulted. Thats now how life works I hate to have to inform you. and people reading this board.. and it isnt as many as you would think.. are smart enough to look at all sides and all views and make a dession. But all views should be thought of. Its not naive to expect a govermnet agentcy or from from the state to do their job. Thats what we all pay taxes for.

First of all, I happen to believe in and respect our judicial system notwithstanding the ACLU shopped activists judges; moreover, I am a strong advocate of healthy, productive debate.

For one to suggest that BEAs shouldn't be expected to make agencies do their jobs is curious. For example, I was contacted by a desparate lady whose kids were taken by a non-custodial parent. She tried to get the authorities to move on the problem, but her attempts were met with negative results. I began by constructing a Missing/Endangered poster and went to the aforementioned authorities with the results of my preliminary investigation, and, all of the sudden, those tax-payer funded, apathetic authorities suddenly shifted into high gear and we collectively got those kids back. This was not an isolated situation where people like me made things happen to include closing BE cases.

It was never my intention to be insulting--politely or otherwise; however, to suggest that someone is being "petty and grasping at straws" comes off a bit condescending and can even be considered insluting; accordingly, I opted to offer my opinion in the best interest of exploring the issues raised from various points of view to the extent that I will concede to relevant argument so long as those points cite verifiable sources, are based on a working knowledge of the subject matter, and don't rely on quipishness.

You should feel free to explore this forum wherein you will find contrary evidence to the notion that the intelligence on this board is limited to a few, and you may also find that I don't tow a line or get rat packed by board regulars by posting counter-points.

To marginalize the life experience of people who guide wanted felony fugitives back to court is revealing. You may not be aware of this fact, but not all BEAs are restricted to the streets; indeed, I have drafted, filed various types of docs, countered opposition from lawyers and appeared in open court many times, and I have been largely successful with no formal legal training whatsoever.

It is my suggestion we all stay on point without "throwing stones" so that people are not intimidated to post.

Rex

Beitso-more people read his board than you would believe and it is not just beas-I ahve gotten calls from attorneys, judges , and police depts from posts i have written on this board-you will notice i post my name and telephone number on every post-I believe you said you were from vt i have made many arrests in the great state of vermont including a mojor drug dealer who went to hide in nyc(i found him and brought him back to burlington to stand trail)a child rapist who i found in kentucky and brought back to windsor , a murderer druggie who law and i found in upstate ny and returned to brattleboro---plus many many more.we work there all the time.
Deathnova what you suggest in your post is a new police force that just does not work--if time has taught us anything is that private sector works better than government-public sector means larger beaurocacy and bigger goverment(less efficiant less productive more corruption)
a fugitive recovery agency would be costly and not very efficent
I believe a federal license along with federal guidelines and federal penalties would creat a better bea than any state could.
if you realy examine bea our stats are outstanding-police enter the wrong house by force all the time police use excessive force all the time police are people they make errors we make errors we make fewer than they do(as a whole they are better at cover ups than we are)most errors in ths business are made by wanabees and cowboys not the pros ie just look at du-du national covarage doing it wrong - of the thousands of arrests made by the pros where are the stories of it being done right i do not see many(actually none)-law and i just had a story done on us in a local newspaper that was a good positive veiw of bea but the reporter could not get the facts straight----here if a fact many of you do not know it comes from a 1964 us supreme court decision in genovese vs nyc paraphased it says the police have no mandate to protect the indiviual citizen just sociaty it self---it came from a case where a young lady-kitty genovese was be hacked to death on her front door step and it took the pd approx 1/2 hour to respond- her relitives sued nyc and the case went to the us supreme court---

HGUNNER,

I do not sanction a new police force, just a government agency to oversee the private sector, to organize, and to hold us all accountable to a certain degree (Federal would be nice, but I was being pragmatic by suggesting that it be State).

AS SOME OF YOU KNOW I HAVE A FRIEND THAT SITS ON THE US SUPREME COURT IN DC-WE SPEAK ABOUT THIS SUBJECT OF BEA AT LEAST ONCE A MONTH-INTERESTING THE JUDICIAL MIND-LAW IS NOT ALWAYS COMMON SENSE BUT A REALITY INTO ITSELF-MY FRIEND ALWAYS SAYS LAW IS MADE UP OF 2 PARTS-SPIRIT AND LETTER-YOU CAN VIOLATE EITHER PART AND HAVE A PROBLEM OR ONE SIDE AND USE THE OTHER SIDE AS A DEFENSE-MY SON AND TEAM MEMBER GOT A TRAFFIC TICKET FOR FAILING TO STOP AT A RED LITE(HE ROLLED THRU IT)ON HIS WAY TO HELP ME ON AN ARREST I WAS IN THE MIDDLE OF AND HAD NO POLICE BACKUP-IN COURT HE USED THAT DEFENSE YES HE BROKE THE LETTER BY NOT STOPPING AT A RED LITE BUT THE SPIRIT WAS TO AVOID COLLISIONS AND HE SLOWED LOOKED ALL WAYS AND CONTINUED SAFELY THEREFOR HE MEET THE CONDITIONS OF THE SPIRIT OF THE LAW AND THE JUDGE DISSMISSED THE CASE-INTERESTING APPLICATION OF LAW-MY JUSTICE FRIEND BELIEVES T VS T SPIRIT WAS FOR BEA TO ASSIST A SMALL FEDERAL MARSHALLS FORCE AS DEFACTO DEPUTIES. I WONDER IF THAT COULD BE SOLD TO THE FEDS-JUST ANOTHER IDEA TO PONDER

Hgunner,

There are diladantes and then there are those who breathe their craft to the extent that they are up in the early morning hours thinking, wondering and sharing their thoughts right, wrong or indifferent.

An unknown author once wrote, "The risk of insult is the price we pay for clarity," and this quote rings true when faced with new or forgotten ideas.

BEAs work under the letter of applicable laws in the interest of following the spirit--in an effort to do things right. As former badge personnel, you and I have a working knowledge of negotiating our way through the spirit/letter.

Court decisions since T&T have been relatively consistent. The power to arrest arises out of a private contract between private citizens and no new process is needed in most cases.

Lawsuits have been filed in attempts to hold BEAs accountable as state actors under the color of state law, but these cases have been repeatedly shot down.

In "Desktop Bounty Hunter," there is an argument suggested out of California cases that BEAs are considered "law enforcement" when tending to the state's business, but, if the courts come to subscribe to this argument then BEAs could eventually fall under the same liabilities as government employees, which may not be in the best interests of the trade.

The "defacto deputies" opinion is arising under different language, and this is something worth watching and wondering about during the early morning hours after work or just because.

In keeping with the above quote from the unknown author, we won't know if we don't ask.

Rex