Bail Enforcment Agents, The Combative PT and Confidentiality

[trailrunner78]

http://www.ask.com/bar?q=Bail+Enforcement&...2FBounty_hunter

In the United States legal system, the 1872 U.S. Supreme Court case Taylor v. Taintor, 16 Wall (83 U.S. 366, 21 L.Ed. 287), is cited as having established that the person into whose custody an accused is remanded as part of the accused's bail has sweeping rights to recover that person (although this may have been accurate at the time the decision was reached, the portion cited was obiter dicta and has no binding precedential value). Most bounty hunters are employed by a bail bondsman: the bounty hunter is paid a portion of the bail the fugitive initially paid. If the fugitive eludes bail, the bondsman, not the bounty hunter, is responsible for the remainder of the fugitive's bail.

Thus, the bounty hunter is the bail bondsman's way of ensuring his clients arrive at trial. In the United States, bounty hunters catch an estimated 31,500 bail jumpers per year, about 90% of people who jump bail.[1] Bounty hunters are also sometimes known as "bail enforcement agents" or "fugitive recovery agents," which are the preferred industry and polite terms, but in common speech (and language), they are still called "bounty hunters".

Bounty hunters are sometimes called "skiptracers," but this usage can be misleading. While bounty hunters are often skiptracers as well, skiptracing generally refers to the process of searching for an individual through less direct methods than active pursuit and apprehension, such as private investigators or debt collectors. Skiptracing can also refer to searches related to a civil matter and does not always imply criminal conduct on the part of the individual being traced.

In the United States of America, bounty hunters have varying levels of authority in their duties with regard to their targets, depending on the states in which they operate. 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. 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 licensure. In California, bounty hunters must undergo a background check and complete various courses that satisfy the penal code 1299 requirements.[2] In most states they are prohibited from carrying firearms without proper permits. Louisiana requires bounty hunters to wear clothing identifying them as such.[3] 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. Generally, only fugitives who have fled bail on federal charges from another state where bounty hunting is legal are allowed to be hunted in Kentucky.[3] In Texas, every bounty hunter is required to be a peace officer, Level III (armed) security officer, or a private investigator.[4]

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

And now you know more than you did when you posted that first piece of drivel.........a step in the right direction anyway......make sure you read all of it, and don't just pick the parts you think support your ignorance.........

[Just Plain Ruff]

Whew, touche'

[Richard B the EMT]

As a cooling off measure for our discussion, does anyone remember Lee Majors in "The Fall Guy"?

(Not his alleged singing of the theme song)

[letmesleep]

Well not only are you a well educated armed Private Detective Agency employee, but obviously an English teacher as well. I will concede that reading what I did today does not make me an expert, but since your so intent on NOT taking the time to educate me a little, how about something more constructive like addressing the OP. How should we as EMS providers respond to your presence on A scene after you have re-arrested a bail skip?

When I did find the information, that you so graciously accused me of paraphrasing, and post it, I highlighted the area speaking about "some states". If you continue to read through the post you will find that IL is not listed as having any requirements at all, unlike the 3 (CA, LA, and TX) that are listed and KY that has no "bounty hunting". From this my question to you is: What formal training did you undergo or is required by the great state of IL? Can you explain to ME (a lessor of you) what a "Tan Card" is? I am curious, but only due to the fact that you have no time to educate ME, although you obviously have time in your busy day to take cheap shots at my spelling, and explain to me how to use the spell check. It would be nice to have a conversation with you a little about this issue, but of corse when you have the time.

As far as the racial comment is concerned, I have no idea where you think that you know me, or what I'm about, so I will ask of you, not to let that crap get started!

[AnthonyM83]

*Pops some popcorn into his mouth*

I really want to see this one play out

[trailrunner78]

How should we as EMS providers respond to your presence on A scene after you have re-arrested

a bail skip?

Previously addressed. Read more, post less.

but of corse when you have the time.

Still no SpellCheck, huh? "The learning curve is steep with this one"...... (Yoda voice)

As far as the racial comment is concerned, I have no idea where you think that you know me, or what I'm about, so I will ask of you, not to let that crap get started!

That would be "how", not "where".......There was no racial comment here, merely observation of reality in the ghetto. Are you one of those visible minorities who finds prejudice wherever they look and cries "racism" at every opportunity? I have zero respect for people like that. You just showed me "what you're about", you'll play the race card at the slightest opportunity, even manufacture one if you can. Thats "how" I know you, and "what" you're about, and I'm shocked, shocked I tell you..... :roll:

I think we're done here.....I am anyway......mods, please feel free to delete this whole back and forth between myself and "letmesleep" as not relevant to the thread topic, didn't mean to get off track, sorry.

[letmesleep]

I finally agree with trailrunner78, please delete this as, useless. I do wonder how gratifying it must be for one to pick away at the short comings of another on the Internet. Yes, spelling and even my grammar are weak for sure, but I do find it interesting that none of the questions posed to you have been answered with any thing more than your opinion, or not answered at all. Instead you feel the need to take the cheap shots at my spelling. You have brought no real FACT to this conversation other than that which I have provided with my writing skills. During this exchange you suggested that I do some research, and when I retrieved information that clearly backed up my statement, I got accusations of paraphrasing from you, but still no answers. It seems as though all you are really interested in doing here is arguing instead of have any type of conversation about the topic. Did you post your opinion in regards to the thread? Yes, but you haven't followed though with any hard core evidence to back you up other than a little "cut and paste" to attack me. You did make me laugh with your little comment about south and west side Chicago, what a badass you must be to "make it" where I'm sure no "faint hearted white boy" can. Maybe I did misread that statement, yeah, no racism there at all.

As I said before, any regular Joe off the street can get a badge from Galls, and clam to be a, how did you phrase that? oh yes, "armed Private Detective Agency employee, or bounty hunter, or skipchaser, or whatever. The only exception is in the 3 states that are listed in the web description I posted which has gone unopposed. There is, as far as my ignorant and uneducated ass is concerned, NO licensure, NO regulations, NO required training that I have found, and apparently trailrunner has no time to expand on his opinion.

I am done as well with this topic, this white boy is out!

[Asysin2leads]

From a medico-legal stand point, this how it would play out.

Let's say I arrive on a scene and find a person claiming to be a bail enforcement agent with a person who say, has a head laceration, in cuffs, who is requesting medical attention.

From a legal stand point, I would see two civilians, one in need of medical attention, and one bystander that would be raising some red flags in terms of scene safety. I would request PD response immediately.

While awaiting police response I would attempt to assess and treat the patient in the best manner I could. If the other civilian attempted to interfere in anyway, I would inform him that he was interfering with my patient care, which could result in criminal or civil liability on his part, and if he persists and the patient dies as a result of it, he can be charged with a crime in preventing the timely rendering of medical care. Hopefully by now the police have arrived. I would let them take it from there but request they escort the patient and myself to the hospital. If the bystander wishes to accompany us, as is our policy, he may, provided he does not interfere with patient care. If the patient does not wish the bystander to accompany us, than the bystander will need to find his own means of transport to the hospital.

I operate in the realm of federal, state, and city laws. Bail bonds are a different entity. Bail bonds are a contract between two civil parties, which has nothing to do whatsoever with me. If a police officer wishes to place the patient under arrest for failure to appear, then he may, but if not, the cuffs come off, and the patient is a patient, because otherwise if I left the cuffs on, it could be a liability to myself and the police officer as well. In my mind, unless properly placed by a sworn, trained law enforcement agent, handcuffs are the same as a piece of rope, electrical cord, or tape, that may be binding my patient's hands.

In other words, a bail bondsmen and his fugitive are no different in terms of approach and treatment then a dominatrix and the guy chained to the bed.

[Richard B the EMT]

Perhaps I missed this point in trying to follow the string. Has anyone mentioned allowing the self professed (state of the ocurrance, not of the state, no regulatory needed in the state) "Bail Enforcer/Bounty Hunter" to accompany their "prisoner" as long as the local LEO also accompanies you in your ambulance?

I am aware, sometime over a year ago, we had a discussion on firearms in the ambulance (not carried by the crew or patient), and anyone wishing to return to that discussion should research the thread, and reopen it, if they feel they have something further to contribute ON THAT THREAD. (Trying to keep on track)

[Christopher.Collins]

*Pops some popcorn into his mouth*

I really want to see this one play out

Wow, I had no clue Id open a can of worms... or something. *Pulls out the camping chair and cracks open a cold Sam Adams*

Thanks for the feedback guys.