Why?

I have seen some shows and have heard that when Bail Enforcement Agents go after the person or go to a family members house or friends to get some information on the person alot of them say your not the cops so you can't come in and search. I don't know why they say this because the Bail Enforcement Agents have a warrent and have the right to search for the fugitive if they think he is at that location. Even if they called the cops they would just tell the bounty hunters to go in and search.

Your assumption regarding our right to enter and search is not necessarily true. Different states have different laws regarding entry and searches. Some states allow us to enter the defendants known residence at any time. Some only allow it if "invited in" and do not allow forced entry in any form. In all states (that I know of) LE has to have a search warrant for any forced entry even if they have probable cause to believe the person is inside.

For BEA's, many states allow us to search the residence of the defendant at any time because there is always probable cause to believe that they will be there. Other residences, not so positive. We can rely on verbal or visual confirmation as probable cause to enter and search in my state, but others have different laws.

No matter that my state allows forcible entry for probable cause, if we are denied entry, we usually call LE for backup. If they are also denied entry, and we know that the person is there, we explain why we think or know they are there. LE will either request and get a search warrant, or we will simply wait them out. An open door is an invitation, and eventually, someone will open it.

Fight your illegal search in a court, or do it smartly. I make money by doing it smartly, not by spending it on an attorney whether the charges are justified or not.

Whether it is the defendant's residence or another, you have to follow your state's specific laws. If you are working in another state, you have to know and follow that state's laws.

_________________
Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO

Proud Member of the AB Reject Club

In California only LE serve warrants! Bail Agents or BFRP are enforcing a private contract that has been breached. We are NOT serving warrants!
If you say your are serving a warrant, that may lead the average person to think you're are a LEO. That may lead to impersonation of LE charges.

There may or may not be a warrant issued for the skip. Sometimes the courts fail to issue a warrant. It happens.

Also, in CA you can NOT force your way into a 2nd party home. If the skip does not live there, did not give that as an address on the app or if the tenants or residents refuse to let you in, you are breaking the law to force entry whether or not the skip is there!

Does this mean that BFRP don't go ahead and force entry? No. Do you want fight a civil law suit? How about being arrested for breaking and entering?

Better check the laws in your State!

No matter where you are you can not enter a 3rd party residence without the Ok of the individuals residing there. If you can establish that the skip is residing there even if it is only temporary then you can enter. The way I took this thread it was assumed that you could enter even if you thought they were there and that is wrong and illegal. If the are visiting you can not go in without the Ok of the residents you have to sit and wait for them to leave.

Not completely true, Bob. In Colorado we can legally enter a dwelling or other building if we have probable or reasonable cause to believe the person is inside. If we see them enter, or see them inside, or it is their residence, it falls more under the probably cause statute. If we have a reliable source tell us that they have proof that the person is there, it gives us reasonable cause. Under either statute, we can enter, forcibly or not.

The catch is that we have to make sure that the building was secured, that the defendant has not exited via another avenue, and are sure that they are still inside when we forcibly access the building. Also, unless we can prove that we were denied access, and get LE or the DA to file harboring charges against the owner, we could be liable for property damages in a forced entry. If the person is there, it is usually a moot point even if there are damages. If the person is not there, the building owner or resident could file for civil damages, but with enough evidence that the person was there, they seldom win. Unless a personal crime is effected on the resident, they don't get far with a criminal case.

But, I am not supporting breaking and entering even if we follow the defendant through the door. If there is an issue of being allowed entry, we usually stand down, cover all exits, and call LE. We tell the people inside that they have the right to call them, and that we are doing so due to their lack of cooperation. Sometimes just that threat is enough to allow us access. I have even had instances where they pushed the person out the door to us because someone else had a warrant, or they didn't want LE to find whatever they had inside the building. Sometimes they tried to call our bluff, only to find that we weren't bluffing, and several people went to jail. In those cases, it was a good day for us and the LE that got credit for the additional arrests. It is much easier to let LE take the risks and assume the liability than to personally pay an attorney to fight our cases.

Tony is right, in that we do not serve warrants, only enforce a civil contract. If we are revoking a bond, LE has no jurisdiction, and cannot make an arrest because there is no warrant. Even if there is a warrant, LE is the only entity that can make an "arrest". We make "apprehensions" based on a violation of the bond contract by the defendant not complying with the bond agreement by which the main agreement is that they be in court on each and every appearance date until the bond is discharged. In Colorado, that means until the person signs a guilty plea, or until the charges are dismissed, or they are found guilty or innocent by a judge or jury. We do not serve a warrant, we enforce a civil bail contract whether a warrant has been issued or not.

Here, sometimes bondsmen have the option of staying, or not staying, on a bond after a person pleads guilty or is found guilty, until their sentence begins. That is up to the bondsman and requires a signed consent from the bondsman to be given to the court. I have personally given and denied these consents depending on the defendant and the circumstances. I have also apprehended defendants for other bondsmen when the defendant subsequently showed signs of an attempt to run instead of turning themselves in to the jail on their appointed date. If a warrant is issued, LE can be called in to assist. If not, it is considered a revoke, and only the bondsman or his/her agent can enforce it. Either way, for us it is enforcing a civil contract, not based on a warrant.

_________________
Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO

Proud Member of the AB Reject Club

Jesus33 a BEA is simply a private citizen acting as the Agent of a Surety for the purpose of enforcing a civil contract, the way in which that contract can legally be enforced is governed by statutes and case laws, a BEA has no special status and does not have the powers conferred on a Law Enforcement Officer, if the contract and law permits you to enter the defendants residence then you can as long as in doing so you are not breaking other laws.

The right of a surety or his agent (BEA) to apprehend their skip does not grant them any authority to harass or trespass in the home of a third party,.

Basically this means that if your skip has an apartment and he is the only one that resides there you can enter at anytime if the law permits, however if there are other people (third parties) living there you may not enter without their consent nor can you harass them in the middle of the night.

Experienced BEA's know how to operate within the law and know how not to cross the line between assertiveness and harassement, you can usually talk your way into a residence, making forcible entries and harrassing third parties is what lands many an inexperienced BEA in jail.

The best approach is to be patient, do surveillance and if your skip is living there he will eventually show up, if third parties tell you to get off their property then leave, the last thing you want is to have the Police called on you for disrupting someones household and your skip isn't even there.

Don't depend on the Police to know the laws governing bail recovery, the treatment you get from the Police will vary greatly from one officer or department to another, some may give you a lot of leeway and do whatever they can to help you, others have no use for BEA's and will be looking for a reason to arrest you or run you out of Town, the only way to ensure your own well being is to be overly cautious and always comply with the law.

Bail Bonds / Recovery is a business, getting arrested or sued is not good business and your going to end up losing money instead of making it if your not very careful, the experienced pro's will tell that they rarely if ever make a forcible entry, the business is risky enough when done carefully, there is no room for mistakes.

If your relying on TAYLOR V. TAINTOR don't, the Taylor case is supportive of a surety or his agents right to recover his client (the defendant), however not all states recognize the Taylor case and some interpret it differently, unless you have a ton of money to waste on lawyers then comply with state law even if it's more restrictive then what the Taylor case says, when I taught fugitive recovery classes I always touched on T v. T however I always made it clear that it was just another case law and did not supercede state law.

There are some schools out there that teach a bunch of crap, you can bet they are not going to bail you out or pay your legal fees if you get into trouble while following their teaching.

_________________
Chuck

"If we see them enter, or see them inside, or it is their residence, it falls more under the probable cause statute. If we have a reliable source tell us that they have proof that the person is there, it gives us reasonable cause. Under either statute, we can enter, forcibly or not." Kathy Blackshear

Here in AR. the same follows suit - however you MUST be absolute that they are in the residence OR you will be charged with burglary (entry without permission). It is as Bob says the best avenue is to sit and wait for the individual to exit the residence - all it takes here to establish residence is a toothbrush.

_________________


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

WELL ... Here in the Great State of Texas (where Men are men and those darn sheep can still hear a zipper from a thousand yards away), we are NOT so lucky. Under current TX state law, "We MUST BE INVITED into the residence, to make the arrest".

MEANING: If I see Joe Dirtbag walk into his residence or any other residence, I can NOT force my way into that residence. I must knock on the door and say, "Hi. My name is Steve Hedrick, may I PLEASE enter your house and arrest Joe Dirtbag, who is sitting right over there?" If I am told, "No", I can not enter.

I can THANK the national press for this, when they falsely reported the AZ incident.

_________________
Steve Hedrick
Hedrick & Associates INVESTIGATIVE GROUP
Nederland, TX
TX PI LIC #A-09665
(409) 284-1895
http://360.yahoo.com/ftachaser357
"For every DEFENDANT that fails to appear in Court, there is a VICTIM seeking Justice"

We were told by LE there in TX the very thing that you posted - they did say that IF it was a felony we could "breach the peace" - and if we just sat on the street the individuals could have us charged with stalking and or harrassment . . . I say we just chalk one more up for the 'bad' guys and catch 'em when they aren't looking (the bad guys that is)

_________________


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

LuVonda;

Like what has already been posted on a different thread, "Law enforcement does NOT know the current state laws". I have posted the current TX state law, where it CLEARLY states we must be INVITED into the residence. There is no such thing as "breach the peace". That is a new twist, seeing how I teach the TX state laws to both LE and TX bail bondsmen.

Here is the current TX state law:

http://www.txdps.state.tx.us/psb/consum ... unter.aspx

Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY; OFFENSE.

(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:
(1) a peace officer;
(2) an individual licensed as a private investigator or the manager or a licensed investigations company; or
(3) a commissioned security officer employed by a licensed guard company.
(b) An offense under Subsection (a) is a state jail felony.

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;
(2) execute the capias or warrant without written authorization from the surety;
(3) wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
(4) notwithstanding Section 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:
(1) if the arrest is made in the county in which the capias or warrant was issued:
(A) the county jail for that county if:
(i) the offense is a Class A or Class B misdemeanor or a felony; or
(ii) the offense is a Class C misdemeanor and the capias or warrant was
issued by a magistrate of that county; or
(B) the municipal jail for the appropriate municipality if the offense is a Class C
misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
(2) if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a STATE JAIL FELONY.

424.09 UNIFORM REQUIREMENTS
This portion is a limited display of this rule;
D. No license shall display a badge, shoulder patch, logo or any other identification which contains the words “Law Enforcement” and/or similar word (s) including, but not limited to: agent, enforcement agent, detective, task force, fugitive recovery agent or any other combination of
names which gives the impression that the bearer is in any way connected with the Federal government, State government or any political subdivision of a State government.

ALSO, take a VERY CLOSE LOOK at this current TX state law. NO WHERE does it state OUT OF STATE recovery agents can OPERATE here in Texas! The ONLY entity that CAN RE-ARREST are either TX law enforcement OR a LICENSED TX Private Investigator.

Read this and weep. I do everyday

_________________
Steve Hedrick
Hedrick & Associates INVESTIGATIVE GROUP
Nederland, TX
TX PI LIC #A-09665
(409) 284-1895
http://360.yahoo.com/ftachaser357
"For every DEFENDANT that fails to appear in Court, there is a VICTIM seeking Justice"