Bounty Hunters Break into Home Against Will of Homeowner

[TMF]

So, I'm not educated on the powers that these esteemed Bobo Fats have under the law, but how are the things they do legal? If some folks came to my door looking for a "perp", demanded entry, then forced entry they'd die of lead poisoning on my front porch. How come that doesn't happen to these cows?


OC Female Bounty Hunters Under Fire For Breaking Into Woman’s Apartment Looking For Suspect « CBS Los Angeles
http://losangeles.cbslocal.com/2013/04/22/oc-female-bounty-hunters-under-fire-for-breaking-into-womans-apartment-looking-for-suspect/

[KahrMan]

They claim they had a right to break in because the homeowner would not let them in.  They are lucky they were not killed.  If they keep using these tactics, they probably will be.

[RobertNashville]

I believe it's a lot more than a "claim"...if I remember correctly, the powers of bounty hunters are VERY BROAD; much more so that LEOs and were made that way by Supreme Court decisions a long time ago. Your rights pretty much mean nothing to a bounty hunter.

 

Also, if you happen to be the bond-jumper they are looking for or you are harboring the person they are looking for I'm pretty sure you lose any claim of self0defense and/or the legal right to use deadly force against them.

Edited April 23, 2013 by RobertNashville

[Caster]

If I don't see a warrant, we trade fire. End of story. You're not coming in without warrant or invitation. If I die in the process so be it.

[Spiffy]

I'd say it's in the paper work that they can enter the home of the person they bail out and the co singers home on demand. Anything else is a bluff about being an "officer of the court" and "you'll go to jail for harboring a fugitive".

[Jesse]

I would use my M16 that is loaded with less than lethal ammo. Or a flash bang.

[UncleJak]

I have experience in this....

They may enter  the fugitive's  house, the co-signers house, or any house that they are certain the fugitive is in without a warrant.  If they are to do so, in Tennessee, they must notify local LEOprior to arrival at the house.  That being said, I would never force my way inside of a house fitting the 3rd criteria, that is WAY to dangerous.  If I was for sure they were there I would simply call the local LEO and have them open the door for me.  People seem to open doors better for them.  It is never a good idea just to waltz into someone's house.  (Especially Jesse's house, home of the M16!)

[Shug]

I have experience in this....

They may enter  the fugitive's  house, the co-signers house, or any house that they are certain the fugitive is in without a warrant. 

The part about CERTAIN they are in there. Means that they know for sure, No if's, ands or buts about it. In this case where they said they had intel that he was there. Is not positive proof. So it comes down to where they are armed intruders into this woman's house. That being said this happened in Calif. Here in Tenn the great state of shooting stuff, that is a quick way to die

[E4 No More]

I have experience in this....

They may enter  the fugitive's  house, the co-signers house, or any house that they are certain the fugitive is in without a warrant.  If they are to do so, in Tennessee, they must notify local LEOprior to arrival at the house.  That being said, I would never force my way inside of a house fitting the 3rd criteria, that is WAY to dangerous.  If I was for sure they were there I would simply call the local LEO and have them open the door for me.  People seem to open doors better for them.  It is never a good idea just to waltz into someone's house.  (Especially Jesse's house, home of the M16!)

I did a LITTLE bounty-hunting after I left the police department and was in school, but it was in Missouri yet I still agree with this. If your home is listed as the home of the bail-jumper or as a co-signer for him/her, you pretty much so give up your rights. They can come back repeatedly until the person is apprehended.

[Raoul]

Last year in Sullivan Co a bounty hunter attempted to apprehend the wrong person in a trailer park. Bounty hunter pulled a gun, fight ensued, and the bounty hunter was shot and killed.

No charges were filed.

Oh, and the bounty hunter was a convicted felon.

[E4 No More]

Last year in Sullivan Co a bounty hunter attempted to apprehend the wrong person in a trailer park. Bounty hunter pulled a gun, fight ensued, and the bounty hunter was shot and killed.

No charges were filed.

Oh, and the bounty hunter was a convicted felon.

Well, the job is not without risks and is mostly unregulated. These kinds of stories do not surprise me.

[UncleJak]

Oh, and the bounty hunter was a convicted felon.

 

In a few states a felon can become a bounty hunter. TN is not supposed to be one of them.

 

I believe my way of apprehension is far superior to the tactics of the rag-tag bounty hunters we hear about.  I treat people nicely and use my manners.  That usually works wonders.  Of course if that doesn't work, I guess I could kick the door in and get shot at...

[Randall53]

I believe it's a lot more than a "claim"...if I remember correctly, the powers of bounty hunters are VERY BROAD; much more so that LEOs and were made that way by Supreme Court decisions a long time ago. Your rights pretty much mean nothing to a bounty hunter.

 

Also, if you happen to be the bond-jumper they are looking for or you are harboring the person they are looking for I'm pretty sure you lose any claim of self0defense and/or the legal right to use deadly force against them.

 

 

I might can see this being true for the bond jumpers home and a co-signer home, but no one else.  IF that's true, then why even have a constitution? I'm not saying all are, but I've known a couple of people that claimed to be bounty hunters and both had inflated ego's and pushy thug like attitudes always talking about the "rush" of catching someone which definitely is NOT the kind of people I'd let in my home.  With a warrant and LEO, then fine....otherwise they will be looking down the barrel of a pistol when I open the door. I have a pistol on me all the time at home and if they kick it in, I would be shooting. With bad legs that I have, I'm not able to fight anymore, thus the pistol on my person at all times, but I shoot very well.  But then, I’m not gonna be on any bond paperwork anyway, unless it’s my own and they will be instructed as to this fact and that they are at the wrong address, If they knock that is.....And I would not jump bond.

Edited April 23, 2013 by Randall53

[E4 No More]

I might can see this being true for the bond jumpers home and a co-signer home, but no one else.  IF that's true, then why even have a constitution? I'm not saying all are, but I've known a couple of people that claimed to be bounty hunters and both had inflated ego's and pushy thug like attitudes always talking about the "rush" of catching someone which definitely is NOT the kind of people I'd let in my home.  With a warrant and LEO, then fine....otherwise they will be looking down the barrel of a pistol when I open the door. I have a pistol on me all the time at home and if they kick it in, I would be shooting. With bad legs that I have, I'm not able to fight anymore, thus the pistol on my person at all times, but I shoot very well.  But then, I’m not gonna be on any bond paperwork anyway, unless it’s my own and they will be instructed as to this fact and that they are at the wrong address, If they knock that is.....And I would not jump bond.

It doesn't apply to anything other than the co-signer and their home. They can't just go barging into every home on the block looking for someone. If they barge into the wrong home then they are burglars.

[RobertNashville]

I might can see this being true for the bond jumpers home and a co-signer home, but no one else.  IF that's true, then why even have a constitution? .

You need to pose that question to SCOTUS...of course, those decisions were made over a century ago so you would have to settle for reading their decisions since the justices that made the decisions are long dead.

[Randall53]

You need to pose that question to SCOTUS...of course, those decisions were made over a century ago so you would have to settle for reading their decisions since the justices that made the decisions are long dead.

That's true. You did answer my concerns in your reply. I can see the jumper and cosigner houses being searched, just not anyone elses home...you know? thanks.

[Guest 6.8 AR]

Do they have a TV show, yet? "Dogg, the Bounty Hunter" is taken. I can only imagine the female version. :D

 

BTW, I would shoot them dead as a criminal trying to break in my house. In other words, they had better

know whose house. they are breaking in.

[UncleJak]

new show "UncleJak; the polite and well mannered bounty hunter"

[Randall53]

new show "UncleJak; the polite and well mannered bounty hunter"

The Columbo of Bounty Hunters....LOL

[Jesse]

I dont open my door for anyone i dont know or want over. I just ignore girl scouts when they knock and the fire department asking for donations get ignored too.

If i dont know you or didnt ask you to come over youll just have to stand and knock.

[LawVol]

Attorney General's opinion on the matter, from 2001:

 

http://www.tn.gov/attorneygeneral/op/2001/op/op20.pdf

[RobertNashville]

Attorney General's opinion on the matter, from 2001:

 

http://www.tn.gov/attorneygeneral/op/2001/op/op20.pdf

great info...it even references the applicable SCOTUS decisions.

 

Thanks for digging that up!

[LawVol]

another interesting read, this is an unreported Tenn. Court of Criminal Appeals case from 2008:

 

http://www.tba2.org/tba_files/TCCA/2008/hooperd_062508.pdf

 

Bounty hunters convicted of kidnapping, facilitation of burglary, assault, and theft.  New trials were granted on the kidnapping and facilitation of burglary convictions because the judge messed up the jury instructions.  

[Guest 6.8 AR]

That was some good reading, thanks.

[JAB]

Attorney General's opinion on the matter, from 2001:

 

http://www.tn.gov/attorneygeneral/op/2001/op/op20.pdf

 

Quoted from the above linked PDF.  Personally, this pretty much decides the issue, for me:

 

 

Bounty hunters, as defined in Tenn. Code Ann. §40-11-318, are not law enforcement officers.

Edited April 23, 2013 by JAB