In the United States legal system, the 1873 U.S. Supreme Court case Taylor v.
Taintor, 16 Wall, is cited as having established that the person
into whose custody an accused is remanded as part of the accuser's bail has sweeping rights
to that person (although this may have been accurate at the time the decision
was reached, the portion cited was obiter dictum
and has no binding precedential value). Most bounty hunters are employed by bail bondsmen:
the bounty hunter is paid about 10% 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. This is a way of ensuring his clients arrive at
trial. In the United States, bounty hunters claim to catch 31,500 bail jumpers
per year, about 90% of people who jump bail.
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 spies or debt collectors. It is 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
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.
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.
The State of Connecticut has a detailed licensing process
which requires any person who wants to engage in the business as a bail
enforcement agent (bounty hunter) must first obtain a professional license from
the Commissioner of Public Safety specifically detailing that "No person
shall, as surety on a bond in a criminal proceeding or as an agent of such
surety. Engage in the business of taking or attempting
to take into custody the principal on the bond who has failed to appear in
court and for whom a re-arrest warrant or capias has been issued unless such
person is licensed as a bail enforcement agent". Connecticut has strict standards which require
Bail Enforcement Agents to pass an extensive background check and, while
engaging in fugitive recovery operations, be uniformed, notify the local police
barrack, wear a badge, and only carry licensed and approved firearms, including
handguns and long guns which are permitted. Recently Connecticut State Police converted
their Bail Enforcement Agent licensing unit to reflect the important role Bail
Enforcement Agents play in the Connecticut criminal justice syste placing them
in the newly defined Department of Emergency Services and Public Protection.
Several schools in Connecticut have obtained certification
by the Connecticut State Police to pre license Bail Enforcement Agents in a
minimum of 20 hours of Criminal Justice training and a minimum of eight hours
of firearms training. Some of the more
advanced schools offer specialized training in the area of tactical firearms to
prepare BEA's for conducting dangerous recovery operations.
Good Story.-Grandma Linda
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