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Jesus33
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Post subject: Cops and Bounty Hunters Posted: Mon 08 Jan 2007 13:12 |
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I have read where in some states Bail Recovery Agents need to call the police everytime they are about to catch their fugitive. I was also reading where some cops don't like bountyhunters and won't help them out. Is there a reason why they don't like to associate with them? Also if you need their backup do they have to come a nd assist you in catching your fugitive or helping you out in any way? Thanks and GOD BLess.
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SpanielPI
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Post subject: Posted: Mon 08 Jan 2007 13:34 |
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in memoriam |
Joined: Thu 16 Jun 2005 16:04 Posts: 4598 Location: NE Alabama
FRN Agency ID #: 5
Experience: More than 10 years
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This is a lengthy topic. I will attempt to address your questions 1 at a time.
Regarding checking in: Some states do require a prior notification before you conduct any activity in thier jurisdiction. Professionally speaking, and in line with the new standards the industry is pushing on itself, a true professional BEA will always do a leo check in prior to working in a given area. Often times this will save you time and money. They know the individual and can tell you exactly where he/she is; they know the individual is in jail, the individual has moved, the warrant has been recalled, the subject is dead, etc etc.
Cops/bea relationship: Most cops will work with us provided we do a check in, we dress professionally, we have our paperwork in order, and we appear to be skilled, intelligent professionals; Not the 1800's style cowboy with twin tied down 6 shooters blazing away or a rambo wannabe in swat like uniforms, heavy armament, and a know it all attitude.
Cop refusals: If the jurisdiction you are working does not have a local warrant on the individual, the warrant is not in NCIC, and it is not a felony, then most departments will not help.
Also, you have to remember these 2 things:
1) We are enforcing a civil contract between 2 parties; therefore law enf. has no jurisdiction in the matter.
2) If a jurisdiction does not have any warrants, yet they go with you, and take charge of the entry, investigation, apprehension, etc. then that officer and his department have acted "under the colour of law" and have basically done your job for you. This is highly illegal, and can render your apprehension null and void.
Dpts. have been sued over the years for this very thing and that is why they refuse to assist.
Now you can request a unit that patrols that area to do a "stand by for public safety"...they can be parked down the street, across the street, etc. They can let thier presence be known indirectly, yet they are detached and have taken no active part in your operation.
They are simply there in case laws do get broken....a fight, flight, shooting, etc.
Others will add thier views on this matter as well.
_________________ River City Associates Decatur, Al. 35601
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HoundDog
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Post subject: Posted: Mon 08 Jan 2007 20:02 |
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Advanced Poster |
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Joined: Sat 14 Aug 2004 16:44 Posts: 993
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Here in Arkansas you are required by law to check in before you even attempt an apprehension. If you do not do so it is a Class D Felony.
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KARMA
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Post subject: Posted: Mon 08 Jan 2007 21:21 |
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Joined: Mon 14 Feb 2005 10:59 Posts: 7563 Location: Arkansas
FRN Agency ID #: 340
Experience: More than 10 years
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NOT that you will be charged with a class D felony . . . but, rather the statute is very clear in that 'you SHALL be guilty of a class D felony'
_________________
Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius I AM Some Folks "KARMA" and A MODERATOR @ FRN
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Kathy
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Post subject: Posted: Mon 08 Jan 2007 23:08 |
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in memoriam |
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Joined: Tue 24 May 2005 14:46 Posts: 3334 Location: Colorado
FRN Agency ID #: 324
Experience: 5 - 7 years
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Colorado state law does not require us to check in, but we usually do as a courtesy to the local LE. As my locals tell us, "if you are out running around with your weapons, we want to know about it."
If the person has a warrant that is locally extraditable (within state may be extratitable but not be on NCIC) they are within their rights to assist and/or take charge. Many will be there as backup, just in case anything goes wrong as long, as there is a warrant. Usually if it is a revoke they won't help us. We always explain the exact situation so they know what is going on. Usually we tell them that we are just notifying them, not requesting that they be there. That way if they are not available, they still know where we are and what we are doing. If they want to show up, fine with us.
As Ruffin said, if there is no warrant (as in a revoke), or if the warrant is not extraditable (out of state misdemeanor or municipal in state), LE has no authority, so their presence is only to ensure that the apprehension goes smoothly. They cannot legally make an arrest on a bond revocation or non-extraditable warrant.
Working with your local LE builds relationships, and those lead to assistance and protection when you need it. It can also help to neutralize a situation when a problem arises. If they know you and your operate within the law and a defendant makes some unjust accusation, they may look more favorably on you. Just don't try to take advantage of the relationship to get by with an illegal activity.
In my area of operation, we have an (unspoken) friendly rivalry going on. They know that if the person is local and I get a forfeiture notice from the court (or hear otherwise that the person has missed), that I will have them on a consent, rebonded, or apprehended in a very short time. They really hate when I beat them to it, so as soon as the warrant pops up, they are at the person's door. Many times I find out that the defendant missed court, (often the same day) because they call me from the jail, or a friend or relative calls to tell me that they were picked up. That doesn't bother me in the least. It saves me time and trouble, the cosigner from having to pay me to go get them, and I usually (depending on the circumstances and new bond amount) will rebond them. It's a win-win situation.
When you are working with a bond agent, make sure your contract states that you get paid if you affect "or cause" the apprehension or bond exoneration. Some BA's will try to get out of paying you if LE assists, and if they take the person to jail even if you make the apprehension. Sometimes we can get a bond exonerated on a technicality, but that's a whole new discussion.
We had one instance where we went to the person's house and were trying to gain entry when I caught a reflection of the defendant standing to the side of the front door holding a butcher knife. This is when thinking skills come into play. You can't claim self defense for shooting them if the suspect is on the other side of a locked door, and you know if you bust it down, it will become a dangerous situation. So, we called LE. For some reason they had trouble finding the address and it took them a while to get there. By the time they arrived, hubby had talked the guy out the back door, cuffed him, and was walking to the front with him. The officer in charged strongly suggested that we relinquish control to him, and we complied. We followed them to the jail, got our body receipt, and were happy with the outcome.
The BA threw a fit about it, saying that now the PD got credit for the apprehension and he wanted everyone to know that "his" BEA's had done it. WHATEVER. We were on salary, but would still have gotten paid. We went home safe, the BA got his exoneration, that's all that matters. If you approach it as an "us versus them" power struggle, you will not get the cooperation you want and need. In some areas LE gets recognition for their arrests. In those areas, make the apprehension with or without LE backup, then call to see if a patrol officer wants to take them to jail. Get a body receipt from the officer to clear your bond, let them have the glory (and paperwork of booking them in), and everyone goes home happy.
There are some LE who simply don't like BA's or BEA's no matter what we do. Some have had bad experiences with the Rambo types, some resent that we are "doing their jobs" even though we are only doing ours'. Theee are the control freaks that can't accept our right to apprehend on a civil contract. In some states we have more "entry" authority than they do, and they resent that as well. Some of these we can switch to our side if we do things right and are always respectful to them. Some will use us to gain entry to places that they couldn't get on their own. Some will never change, because they are too concerned with their own insecurities to allow anyone else access to what they perceive as their POWER.
You do what you have to to learn how to operate in your AO and work with the LE and courts there. Know what is legal and what isn't, and abide by that. Going further, learn what is desired and comply with that as best you can. There are ways to stand up for your right to do your job and get the job done without being confrontational or antagonistic. Being an ally instead of a foe will get you the access and business that you need.
_________________ Kathy Blackshear Blackshear Investigations Blackshear Bail Bonds Sales Associate, Prepaid Legal Services, Inc. Walsenburg, CO
Proud Member of the AB Reject Club
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