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tsuggs
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Post subject: CO Supreme Court Ruling, No TvT in CO  Posted: Fri 05 Aug 2011 16:00 |
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Joined: Thu 09 Mar 2006 14:51
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FRN Agency ID #: 3904
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KARMA
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Post subject: Re: CO Supreme Court Ruling, No TvT in CO Posted: Fri 05 Aug 2011 17:00 |
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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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sounds more to me an outright abolishment of entry to "third" party residences . . . .
_________________
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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B Williams
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Post subject: Re: CO Supreme Court Ruling, No TvT in CO Posted: Fri 05 Aug 2011 17:23 |
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Joined: Wed 20 Apr 2011 14:25
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Good read, Tony. For years I've always been concerned about entering a third party residence, therefore, I don't enter them. At some point the defendant has to come out and I find the wait is much better than the potential liability in cases such as this.
_________________
Bill Williams
Bail Agent
Eagle Bonding Services
Asheville NC 28804
828-777-8667
Lic # NC10013561
Lic # TN 2033018
Never be haughty to the humble
or humble to the haughty - Jefferson Davis
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tsuggs
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Post subject: Re: CO Supreme Court Ruling, No TvT in CO Posted: Fri 05 Aug 2011 17:51 |
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Joined: Thu 09 Mar 2006 14:51
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FRN Agency ID #: 3904
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One issue here, and there were several, was that the defendant listed that address as his residence on the bond app. So, the bail agent and recovery people thought they had the right to enter.
What we have to do now, is CONFIRM those addresses before posting that bond or at least try to. Could mean losing bonds to other bail companies who wont bother to confirm addresses.
Also, if the skip isn't at the address or at least he was not seen at the address, if the occupant so no, you can't come in, you can't go in.
Better to call the pd and have them enter and search.
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KARMA
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Post subject: Re: CO Supreme Court Ruling, No TvT in CO Posted: Fri 05 Aug 2011 18:10 |
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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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viewtopic.php?f=26&t=10450Quote: IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 90,441
STATE OF KANSAS,
Appellee,
v.
CHARLES K. BURHANS,
Appellant.
SYLLABUS BY THE COURT
1. A bail bondsman has a common-law and statutory right to arrest his or her principal.
2. At a minimum, a bail bondsman does not have the right to enter the home of a third party, i.e., where the principal does not reside, where the principal is not seen, and where the bail bondsman does not have reasonable belief of the principal's presence, without the third party's consent.
Very same type of case . . . guess Colorado does not keep up with the goings on in the Country.
_________________
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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tsuggs
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Post subject: Re: CO Supreme Court Ruling, No TvT in CO Posted: Fri 05 Aug 2011 19:54 |
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Joined: Thu 09 Mar 2006 14:51
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FRN Agency ID #: 3904
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In the CO case, the bondsman was relying on TvT to allow them to go "anywhere" to find the skip. Including the house that thought he actually lived.
CO had other case that limited TvT and this Supreme Court ruling afirmed lower court cases in CO. It also afirmed the charges against them, of burglary.
In CA, our penal code section states that we can go "anywhere" in the state to arrest a bail skip. Another code section states we can't enter a 3rd party residence without permission unless we see the skip in there.
So, we have a similar problem here in CA.
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Greyfox
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Post subject: Re: CO Supreme Court Ruling, No TvT in CO Posted: Fri 05 Aug 2011 20:28 |
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Joined: Thu 21 Jul 2011 09:55
Posts: 44
Location: Denver, Co
FRN Agency ID #: 0
Experience: < 1 year
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It really seems best to just wait out the skip most of the time. Sure you may take more time but you will greatly reduce your liability and not just that, but increase your own safety. The odds of a weapon being available in the house is far far greater than when the skip is walking down the street.
_________________
I See said the Blind man to the Deaf man.
Red Cross instructor
soon to be bail recovery agent
Denver, Co
Skype greyfoxisa
"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former." --Albert Einstein
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