Kentucky

thebishopp

THANK YOU SO VERY MUCH FOR CLARIFYING THE MATTER.
I also have copies of the KRS 440.270 & 440.280 and have requested a PRINT copy of the HB846 from Kentucky. I guess sometimes it is just easier to read (on a website) what is already out there than to look further on ones own and ask questions.
Once again THANK YOU.

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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

Is it illegal to transport through Kentucky (eg. apprehend in one state and transport across Kentucky into another)?

There currently is no legislation. Of course the best course of action is don't stop till you get them home.

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-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven

The bottom line herein is whether or not YOU want to be a test case with all the unpleasantries, expensive lawyers and maybe even a civil suit when and if you beat the case.

Taylor v Taintor plainly and simply does not have the punch that it once did by and through the actions of numerous soveriegn states; moreover, I would not suggest suggesting to a street cop, who may or may not keep up on current events as suggested, that he or she is failing to uphold the law as a way to bulldoze your way into a state like Kentucky. This is a very good way get the ride irrespective of whether or not you win in the end.

Also, be very, very careful of how something gets put into an argument. For years people have tried to sue bail people for acting under the color of state authority and have failed under private contract precedent already on the books. If one can get off by arguing that he or she was enforcing state laws, then this may open up the aforementioned door resulting in the trade getting hammered out of existence with no great stretch of the imagination--people!

In court, two opponents get up and argue why their versions of the law are controlling in a specific case as it relates to the matter at hand, and, through this discovery and motion period, the judge has discretion to rule in favor of one or the other. So you can continue to quote this and that, but, when it comes right down to it, I doubt any of it will really matter.

With conflicting reports herein, it is my position that nothing got cleared up here, and, because of that, enter and work in Kentucky at your own peril. If you do and hit a scrape, I hope you win your beef because then we all could win a landmark decision reaffirming Taylor v Taintor's language with respect to crossing state lines.

Any Takers?

Rex

I have ceased to be amazed at how individuals never quite get the point of a statement. Nowhere in my post did it state to tell a street "cop" the particulars of his job. Being a former "cop" I can say it doesn't work and usually sollicites an undesireable response.

Now I will say that from what I have been seeing regarding the current trend of legislation is that this industry is heading towards a figurative wall and just because you may currently reside in a state which has not built that wall does not mean that you will not wake up one day and walk smack into it.

What got cleared up here is that there is current Kentucky Revised Statutes which provide for the proper method of picking up "fugitives". Those are KRS 440.270 and 440.280. These are not opinions, made up statutes, dreams, whims, or otherwise fictitious information, they are about in stone as you are going to get for this commonwealth and you can obtain them directly from the kentucky legislation website.

You are worried that the industry is going to get "hammered out"... well guess what... looks like it is already happening in some states, no thanks to the nay sayers... heck... according to some of the individuals on this site (some of which have apparently been around this industry a long long time) people can't even unify for a magazine much less a force to be recongized in the voting arena.

There was no suggestion that a bail agent, or whatever you want to call individuals in this industry, was acting under the color of authority of the state. Merely a word for word replication of the KRS possibly applicable to a bail agent's activities which may in fact be used as a defense. Guess what... if you are in the situation you might as well know your options. I think that is better than mulling over could've should've would'ves.

Perhaps there are those who are bitter about how a particular law or case or situation was handled in their experience. Get over it. The law is still the law, and the only reason it gets warped is because people, good people, are willing to roll on their backs and play dead. Remember, all it takes for evil to triumph is for good men to do nothing.

No doubt you will be sitting there saying to yourself (possibly even post a reply to the effect) that it is easy to sit behind a computer screen and talk bravely. Well guess what, I've done more than talk... I left law enforcement here in KY due to the corruption in the dept. This corruption spread to the mayor of the city and included drug trafficking. I stood up and my family was threatened, my pets poisoned, my attorney and his family threatened, I watched good cops go bad and talk about how they couldn't do anything and it was better to just look the other way.

My only consolation after I resigned was the fact the feds moved in an currently have arrested several members connected to the current chief of police (to include the mayor's son in law) and are still investigating local officials.

My reward.... I lost my wife and son to the situation and had to move to another state (though the last was actually a good thing). Guess what... I'd do it again.

People who sit by and do not at least discuss the options even if they are too afraid or do not have the ability to fight, are damn lucky that there are people who do.

Perhaps if we could unite instead of bitch something would get done. So I say if you want to find ways to work within the law and do good, then more power to you, just realize the price you may have to pay and think first. No illusions... it will cost a lot of money should you get yourself into a situation (unless you can secure aid from industry friendly attorneys).

If you'd rather hide in the shadows and talk about how a thing can't be done... I've heard enough of that crap and would suggest silence from that corner as being more constructive.

_________________
-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven

I heard that!! I remember trying that.

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After all is said and done, more is said than done.



-X-
St. Louis, MO
FRN#2
Member of The C.B.C

No problem Lu Vonda

Although I disagree in spirit with "Rex". He does have one point. Just because the law says something doesn't make it so and the good guys don't always win, even with the literal law on their side.

The irony which he may or may not fail to see is that applies to the very laws regulating in his state as well. KY is not a "no hunt" state but it is a no bail bondsman state.

If the officers and judicial officials were of like mind in his state he would be out of business despite what the "law" says.

_________________
-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven

Tim,

Divide and conquer. In that sense we have already lost. However it ain't over till it's over. If the largest associations could get together with the others and come up with a "national accepted" standard that would be a step. However it will be difficult overcoming the greed which permeates the hearts of some individuals. It can be very hard to let go of what they perceive as power.

_________________
-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven

thebishop

Have you ever tried to make a bail arrest in Kentucky as a Bail Surety or his Agent ?

Former Law Enforcement or not you do not know what we are faced with, any BEA worth his salt knows that fools rush in and the wise avoid potential problems, Rex is well versed in the Law and I agree with him that it's better to take the safe approach rather than risk being a test case, by the way there have been other test cases and the Bail Surety lost.

Your welcome to attempt to do bail fugitive recovery in Kentucky, I would be interested in hearing about your experience.

"To do a pick-up in kentucky you will have to go before a judge or Justice of the peace and present all your paper work to include your arrest warrant from the other State. They will issue a Kentucky arrest warrant and LE will make the arrest. It is no big deal to do this i have never had any kind of a problem in Kentucky just follow their State Law and you will not have any problems.
_________________
The Rose Investigations & Process Service
David Martz & Diana Ervin
Fort Wayne, Indiana
Indiana Agency Lic# PD10400076
david_martz@comcast.net"


Hmm... seems it has already been done... Successfully at that... could it be it was done by someone who KNOWS the the CURRENT and APPLICABLE laws? You want to go in like wyatt earp then you will have problems... Me, I choose informed. I never said anything about rushing in. Use your brain, not your fear.

_________________
-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven