Bounty hunter raids Home Without Warrant ?? - Page 4

Bounty hunter raids Home Without Warrant ??

This is a discussion on Bounty hunter raids Home Without Warrant ?? within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; Originally Posted by OldLincoln I'm reminded of another post where the police knocked on the door in the middle of the night responding to a ...

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  1. #46
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by OldLincoln View Post
    I'm reminded of another post where the police knocked on the door in the middle of the night responding to a bogus 911 call. The resident didn't even have a landline in service. They trusted the 911 service and I'm glad they did.

    However, in this case it should not be a surprise if the address given on the drivers license could be false or not current, yet is accepted without further investigation. Maybe if it were the mayor's address there would have been some followup before busting into the house. I'm not against the attempting to arrest the BG, just the heavy handed way they treated the resident.

    As for shooting, that's bad advice. From other threads I'm confident the resident would have gone to jail no matter what confusion and illegalities had a police officer been assaulted, and given the force involved, more likely would have been put down on the spot.
    There are cases of homeowners going to jail for defending their homes when police mistakenly raid the wrong house. This is something that needs to me changed. The homeowner is the innocent party and should be protected by the law. Instead the homeowner is the one prosecuted when through no fault of his own a mistake is made.

    Michael


  2. #47
    Member Array mirage2521's Avatar
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    Quote Originally Posted by Agave View Post
    That's a good way to get shot and/or go to prison.
    Not in Florida, you kick my door in in Florida and the law says I can shoot you.....period
    You may now carry on with your absurd non-directional bantering.
    Yocan

  3. #48
    Member Array mirage2521's Avatar
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    Quote Originally Posted by Agave View Post
    It probably won't do any good for an LEO to lie about having a warrant. If he searches a home without a warrant or warrant exception & probable cause, any evidence will be invalid in court.

    Bottom line is that the police aren't going to break down your door without a warrant or warrant exception & probable cause. If they do have a warrant, they aren't obligated to let your wife flush the dope down the toilet while you stand at the door reading the paperwork. You don't have to let them in; they will let themselves in.
    But you are forgetting the most important point, they have to identify themselves as police as they do this.
    You may now carry on with your absurd non-directional bantering.
    Yocan

  4. #49
    Member Array mirage2521's Avatar
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    Quote Originally Posted by Landric View Post
    The bail enforcement guys can be charged with whatever statutes apply in the event that they force entry (or otherwise violate the law) in error. However, if they kick in a door and find the guy they are looking for, then more than likely there are completely in the clear legally. They do not need (because they cannot obtain) a search warrant.
    Exactly, but if they do not find the guy (which they never would) then they just forcible and unlawfully entered my home and I am with my rights under Florida statues to assume they are there to do me harm.
    You may now carry on with your absurd non-directional bantering.
    Yocan

  5. #50
    Member Array OldLincoln's Avatar
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    Quote Originally Posted by mirage2521 View Post
    But you are forgetting the most important point, they have to identify themselves as police as they do this.
    That lost a lot of merit with me with the rash of home invasions by BG's posing as police. I've thought about it and still do not know what I'd do if somebody who claims to be police beats on my door insisting I let them in. Especially since the area where I live has a lot of streets with very similar names and wrong addresses are a matter of daily fact.

  6. #51
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    I couldnt get the video to come up but it is a fairly common occurence that these guys go in somewhere. i didnt know that worldwide Bounty Hunting is only legal in the States and the Phillipines, go figure. What is amazing is that the law from 1873 has never been amended or revoked since that time and only a few states have put further restrictions on Bounty Hunters, they are considered a vital part of the court system.

    In the United States of America, bounty hunters have varying levels of authority in their duties with regard to their targets depending on which states they operate in. 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.

    In some states, bounty hunters do not undergo any formal training, and are generally unlicensed, only requiring sanction from a bail bondsman to operate. In other states, however, they are held to varying standards of training and license. In California, bounty hunters must undergo a background check and complete various courses that satisfy the penal code 1299 requirements.[3] In most states they are prohibited from carrying firearms without proper permits. Louisiana requires bounty hunters to wear clothing identifying them as such.[4]

    In Kentucky, bounty hunting is generally not allowed because the state does not have a system of bail bondsmen, and releases bailed suspects through the state's Pretrial Services division of the courts, thus there is no bondsman with the right to apprehend the fugitive. Kentucky prohibits bounty hunting in any form. Only a peace officer may make an arrest on a warrant that is issued in NCIC.[4] In Texas, every bounty hunter is required to be a peace officer, Level III (armed) security officer, or a private investigator.[5]

    State legal requirements are often imposed on out-of-state bounty hunters, meaning a suspect could temporarily escape rearrest by entering a state in which the bail agent has limited or no jurisdiction.

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