As a bail bondsman, I spend much of my spare time studying the laws related to bail and the recovery of fugitive bail bonds. As some of you may know, 1299 PC will go back into effect via AB 2029 in 2013. The reinstatement of 1299 PC is crucial to ensure proper qualification for Fugitive Recovery Agents (Bounty Hunters). As of now, the law only requires that a fugitive recovery agent be “appropriate age.” Without 1299 PC, we can be sure that trading will be marred by poorly trained agents making illegal repossessions. I’m glad to see that bail is once again getting the attention of California lawmakers, but unfortunately they still seem unaware of a major problem with the bail fugitive recovery law. At this time, the most common law agent that can be referred to is the all-famous case of Taylor v. Federal Tintor Case.
This case says: “When bail is given, the principal is deemed to be delivered into the custody of his bondsmen. His domain is a continuation of the original imprisonment. Whenever they so choose, they may apprehend and deliver him to his and if that cannot be can be done immediately, they can jail you until it can be done They can exercise their rights in person or through an agent They can chase you to another state they can arrest you on the Sabbath and, if necessary, they can break into your home for that purpose. Seizure is not made under a new process. None needed. Compares to the bailiff’s re-arrest of an escaped prisoner. Bail is principal on a rope, and they can pull the rope when they please, and release you on your release. The rights of bail in civil and criminal cases are the same. They can certainly allow you to go beyond the boundaries of the State within which you must answer, but it is unwise and unwise to do so; and if any evil occurs, they must bear the burden of the consequences, and they cannot cast them on the obligee”.
According to Taylor v. Tintor, Bail is a continuation of the original imprisonment. That is, being on bail is similar to being on parole. Bail bond companies have the right to create conditions and limitations in exchange for the release of defendants from jail. It also allows a bail bond company to surrender a defendant at any time and for any reason. But some statements in this law conflict with many state laws, creating some confusion in the bail bond industry. Taylor v. The Taintor Act provides that an agent can enter if necessary and pursue a fugitive across state lines. The reality is that if he committed any of these acts while chasing a fugitive, he is likely to end up in jail with a list of charges.
For example, a fugitive on bail is hiding inside his residence and an officer breaks down the door to arrest him. The officer has committed a home invasion that is against state law. Now that the Agent has broken the law, the arrest is now considered illegal. In the process of the now illegal arrest, the agent also handcuffed and placed the fugitive in the back of his vehicle to transport him to jail. Because the arrest was unlawful after breaking and entering, the officer now committed robbery, kidnapping, conspiracy, assault and, if he carried a firearm, he also committed a long list of firearm charges.
In another example, a fugitive on bail from California is hiding out in Nevada and an agent crosses state lines and apprehends him. Once again, this act would be permitted by Taylor v. Taintor, but the Agent has violated a long list of Nevada laws and he is likely to face a fair amount of prison time for his actions.
There are many officers who would love to discuss this with me, but the reality is that each of those charges would stand up in a court of law. Regardless of federal law, you have violated state law. Many bail training programs are teaching new officers with a strict focus on Taylor v. Dyer. If you are thinking of going on bail, I suggest you do your homework. Choosing the wrong school could guarantee that you’ll never get hired or, worse, end up in jail. Some schools are also running courses for a BSIS baton permit as well as a BSIS exposed firearm permit. The BSIS baton and exposed firearm permit are strictly for licensed security guards. As a security expert, I can tell you that possession of a cane during a fugitive recovery is illegal and hitting someone with it would make you guilty of assault with a deadly weapon. The BSIS Exposed Firearm Permit is not required regardless. Fugitive recovery agents may carry firearms per CA 12031(k) PC. 12031(k) PC states that a firearm can be used during an arrest as long as the arrest and possession of the firearm is lawful in the first place (I’ll cover gun laws in my next article in more detail). ) .
In my opinion, there should be specific state laws that allow for the protection of officers under Taylor v. Dyer. There also needs to be gun laws that are specific to the recovery of fugitives on bail. Many officers are harassed by local law enforcement due to their lack of knowledge of the laws officers operate under.
