Is Being a Bounty Hunter Legal

Although California licensing is not required, the following steps must be taken to work as a surety agent once you have met the above requirements of being 18 years old and not having criminal convictions. Bounty hunters have different authority in their duties in relation to their objectives, depending on the states in which they operate. Subject to state-to-state restrictions, a bounty hunter may enter the fugitive`s private property – or any other place where the person has reasonable grounds to believe the fugitive is present – without a warrant to make a new arrest. In 2008, four states, Illinois, Kentucky, Oregon and Wisconsin, banned the practice because they had eliminated commercial bonds and banned the commercial surety industry within their borders. [11] Since 2012, Nebraska and Maine have also banned bail guarantees. [12] Some states, such as Texas and California, require a permit for bounty hunting, while others may have no restrictions. [13] Officers who are on hold on bail may face serious legal problems when attempting to detain refugees outside the United States, where they do not have the legal authority to arrest a person, and the detention of a person could be charged with kidnapping or another serious crime. While the U.S. government and most states recognize the powers to arrest a bail officer or fugitive rescue officer, the governments of other countries, including the sovereign Indian territories of the United States, do not recognize the powers of a bail officer or fugitive rescue officer. Enforcing bail is now a recognized profession in most of the United States.

It`s not a job you can expect without first going to a bounty hunter school, where you`ll learn everything from investigative techniques to practical arrest techniques. In one Texas case, bounty hunters Richard James and his partner DG Pearson were arrested in 2001 for crimes committed during an arrest. The charges were laid by the fugitive and his family, but were later dropped against the hunters after the fugitive`s wife shot and killed a deputy sheriff during another attempt by the county sheriff`s department to arrest the fugitive. The hunters sued the fugitive and family and won the civil lawsuit for malicious prosecution with a judgment of $1.5 million. [ref. The State of Connecticut has a detailed licensing process that requires anyone wishing to engage as a bail enforcement officer (bounty hunter) to first obtain a professional license from the Commissioner of Public Safety. “No one may, as guarantor of bail in criminal proceedings or as an agent of such guarantor, detain or attempt to detain the principal of the surety who has not appeared before the court and against whom a new warrant of arrest or capias has been issued, unless that person is authorized as a bail enforcement officer. Connecticut has strict standards that require bail officers to pass extensive background checks and, when participating in fugitive rescue operations, wear a uniform, notify local police barracks, wear a badge, and carry only authorized and approved firearms. including authorized handguns and long guns. Recently, the Connecticut State Police transformed its bail enforcement officer licensing unit to reflect the role that bail enforcement officers play in Connecticut`s criminal justice system. Placement in the new Department of Emergency Services and Public Protection. [15] This creates a win-win situation that allows the justice system to save the cost of housing defendants and allows accused persons to be released from police custody pending their hearing date.

However, if an accused who is released on bail does not appear in court as ordered, the guarantor of the surety is required to pay the guaranteed cash bond to the court. To avoid losing the cash bond and causing loss, the surety guarantor will use the services of a bounty hunter to locate, arrest and return the fugitive. In the United States legal system, Taylor v. Taintor, 16 Wall (83 U.S. 366, 21 L.Ed. 287), was quoted as saying that the person in whose custody an accused is remanded pursuant to the prosecutor`s bail has extensive rights over that person. [9] While this may have been true at the time of the decision, the party cited was an obiter dictum and has no binding precedent. [10] In some states, bounty hunters do not undergo formal training,[8] and are generally not licensed and only need the approval of the guarantor of the surety to operate.

In other countries, however, they are subject to different training and licensing standards. State legal requirements are often imposed on bounty hunters outside the state, so a refugee could temporarily avoid re-arrest by entering a state where the salvage officer has limited or no jurisdiction. [ref. needed] In modern times, bounty hunters are known as bail officers or fugitive rescue officers (bail guarantors) and make arrests primarily of those who have escaped bail. [3] [4] The term “bounty hunting” is not often used or liked by many in this profession because of its historical associations. [ref. needed] Recovery agents must be licensed. Ind. Code ann. 27-10-3-1 (1997).

To obtain a license, collectors must be at least 18 years of age, be U.S. citizens, have resided in the state for at least six months, have spent at least ten years after a conviction for a felony to obtain a license (5 years for offenses), Ind. Code Ann. 27-10-3-5, and they must pass an examination issued by the state, Ind. code ann. 27-10-3-6. Collection officers must notify the sheriff of their place of residence, Ind. Code Ann. 27-10-3-17, and bail officers must provide the Crown with a list of the collection agents they employ. Internal Code ann.

27-10-3-14. Bail agents and bounty hunters cannot force their way into a third party`s home. Mischler v. Staat, 660 N.E.2d 343 (Ind. App.1996). In Texas, a surety guarantor can also hire a bounty hunter to track down refugees who have escaped bail. Most states don`t have strict requirements to become a bounty hunter. However, Texas has regulations that make the workplace safe for everyone involved.

Only people who meet certain requirements can work as fugitive rescue officers. They must meet certain legal requirements set by the State. If you don`t and work as a bounty hunter, you will be charged with a state crime. Texas bounty hunters are not law enforcement officers. They are employees of private institutions such as security companies or private investigation companies. It is illegal for anyone to impersonate a law enforcement officer, including bounty hunters. To date, 22 states require bounty hunters to be licensed. Some states, including California, have specific laws that govern the practice of bounty hunting, but do not require a license for these professionals. Only 4 states – Oregon, Kentucky, Wisconsin and Illinois – completely ban the practice of bounty hunting.