Unlawful entry "I do not need a warrant"

reply to post by IamCorrect


Yes, I did, and my interpretation of the wording is to mean that in a particularly unusual circumstance, the state actor status comes into effect. For instance, if there were a shooting in a mall, and security guards aided police in apprehending the perp, the guards would be considered state actors as opposed to private. Or if a bond enforcement agency called in the help of a police task force, chopper, etc. to help find a fugitive. Two cops helping a BEA is extremely routine, so I think that the standard legal status would stick. I read a story a few years back where two bounty hunters shot and killed a suspect while being assisted by police. They were arrested and tried as private individuals, not in association with the State. I don't know, I'm definitely not an expert on bond laws, I could be completely wrong. Just my opinion. Sorry I didn't state all that in my previous post...

Originally posted by alexbassguy
reply to post by IamCorrect

 

Yes, I did, and my interpretation of the wording is to mean that in a particularly unusual circumstance, the state actor status comes into effect.

No, that's not what the Supreme Court decision states. It states that someone can become a state actor "because he has acted together with or has obtained significant aid from state officials." Did he act together with, or obtain significant aid from state officials? Yes, he did.

Also just found this:

www.americanbar.org...

a reply to: Simplified

If the person they were trying to arrest was located at the residence in question, and the arrest warrant issued is for a felony, no warrant is needed to make entry into the residence.

The term warrant in your question is two fold -
1 - A search warrant
2 - An arrest warrant

In this case they had an arrest warrant. They do not need a search warrant to enter the premises to effect an arrest.

Is there a difference between Law Enforcement and a Bail agent?

Absolutely and Supreme Court rulings have made it very clear they have a lot more leeway than law enforcement as they are not acting under color of law.

They cannot identify themselves as law enforcement and if they do they can be charged. If you assume they are law enforcement and you do not ask them to verify they are under no obligation to correct you. Most states require bail bond agents to have a license / identifiers. The requirements and authority will vary from state to state as will state to state reciprocity. Some states require bail bond agents to notify the law enforcement jurisdiction they are in prior to taking action so no miscommunications occur (like a person who is wanted by the agents calling 911 and saying armed men are trying to break in etc).

While bail bonds server a purpose I am not a fan of them (at least the ones ive dealt with). The last incident I had was being dispatched with a lot of other officers to a report of a man with a gun chasing another man with a knife down a major road.

The guy with the gun was a bail agent from Arkansas (im in Missouri) and the guy with a knife was wanted. it created a mess on contact until we got everyone into custody and sorted out what was going on.

The person who is bonded out by a bail bonds agency is essentially remanded to the bail bond company and that company has a right to recover the person.

originally posted by: LurkerMan
DO NOT EVER OPEN THE DOOR FOR A POLICE OFFICER.

it doesnt matter if they tell you they have a warrent signed by president obama, if they DID they wouldn't be KNOCKING on the door they would be KICKING IT DOWN.


this is a common thing called a "tap and wrap". police are TRAINED LIARS. if they get you to open the door it changes the rules of the situation.

if a police officer knocks on the door. lock it. if they have a warrent, the door will be broken off the hinges and guys with guns will come running in.

i repeat. NEVER....EEEVVEERRRRR....open the door for a police officer....not even if theres an "emergency" and he needs to use the phone/bathroom/whatever.



[edit on 1-4-2010 by LurkerMan]

How I love ignorance...

Contrary to your ignorance Police have to knock on the door when executing a search warrant. If you dont answer they can force entry. Secondly there is a no knock warrant exception that is signed off on by the judge and is used when dealing with a situation where there is a high potential for death to occur, either to the people in the residence and to the officers.

Police are not trained liars. With that aid we can lie to people we are dealing with on calls however a justification is required and will be brought up in court.

If you are going to slam law enforcement at least know what the hell you are talking about.

originally posted by: ..5..
I wonder if you could use the "I don't have to accept that." line when a CHP tries to give you a ticket.?

Sure... at which point the CHP could make an arrest and book you into the jail. That ability is brought to you by the State of Texas and a person who did just that with a citation he was issued. Scotus got the case and found an arrest can be made on traffic violations.

Signing a citation is not an admission of guilt. it is a promise to appear in court to resolve the issue.

originally posted by: IamCorrect

Originally posted by alexbassguy
reply to post by IamCorrect

 

As opined in Taylor v. Taintor, and barring restrictions applicable state by state, a bounty hunter can enter the fugitive's private property without a warrant in order to execute a re-arrest. They cannot, however, enter the property of anyone other than the fugitive without a warrant or the owner's permission.

Bounty Hunter Wiki

If he had reason to believe it was the home of the person in question, he can enter. If not (i.e. friend or relative's house) then you are right, he's totally out of line. Totally depends on the situation. And state law. If they're in Kentucky the whole thing's illegal, bail enforcement is illegal there.

No; this case is different because he acted together with police, and was aided by them. Did you actually bother to read my post?

Generally speaking a private individual is that unless they are requested to perform an action by law enforcement. At that point they are an extension of law enforcement and are considered to be operating under the color of law. A bail bond agent who asks for law enforcement assistance does not automatically make the person an agent of the state as law enforcement was requested by the individual and not the police asking the agent for assistance.