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Carlos,
You’ve see me post this before, I still mean it.
“Tall trees, short ropes”

They may have had a warrant, but they need to bring the paperwork. Otherwise what they are doing is an illegal search. The bond enforcement agent needs to follow the law if he’s going to demand entry into a residence.

Kern County is very large. What city?

Bakersfield, CA

Bail bond agents must be responsible and courteous when dealing with the public. Too often you've got agents that take it upon themselves to act like law enforcement and forget to follow the rules.

An arrest warrant is not a search warrant. The attitude of the officers and the “bail enforcement agent” (trying to appear like he is acting as a government agent) is appalling. I don’t think she would win but I hope she does sue. What assholes.

I mean I don’t think she would win anything significant as far as damages. And always keep your doors locked, and never open them for police. Talk through the door or give them you phone number tell them to call you and talk over the phone. Assholes.

That one deputy said that his name is his identification. I think I’m going to use that response the next time a cop asks for my ID. “My name is my identification.”

All kidding aside, this episode is a little bit scary because the deputies and that bounty hunter seemed very at ease with breaking the law, so I’m sure they’ve done this many times in the past.
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Dear Big Brother Investigators who read this blog,

Drop by drop the cup is filling. Truth is on our side and as tyranny grows so does the passion for liberty. I assure you when the cup overflows victory in the end will be on our side and history will condemn you all in your dishonor and treason to human liberty.

Peace and Liberty Always.

The legal question in this case is whether the house being searched is the residence of the person named in the arrest warrant.

An arrest warrant authorizes police to search the home of the person named in the warrant, and no additional search warrant is required. To search the home of a third party, however, police need a search warrant for the home, as well as an arrest warrant for the person to be arrested.

Since it is not clear from the video whether the home being searched is the residence of “Joe Baker” and/or “Alan,” it is not possible to determine from the video alone whether or not the search is illegal.
Dan Grossman´s last blog ..Recent Press Coverage of Eagle Raid Lawsuit

With that damning footage in-hand, I expect she’ll get a mighty big settlement.
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And in fairness to the officers in the video, they appear to have acted with a reasonable level of professionalism and even courtesy given the situation. The Deputy was in uniform and identified himself by name upon request, and the bail enforcement agent appeared to show his identification as well. They did not enter the home with force or violence, they did not apply force or violence to the woman in the home, and they did not use foul or offensive language.

I am not an apologist for either the police or civilians, I just call ‘em like I see ‘em. (In fact, I just recently filed a Fourth Amendment lawsuit against the Atlanta Police Department.) Assuming the officers in this video were executing a valid warrant for a suspect who lived in the home being searched, there is actually very little to criticize in their conduct.
Dan Grossman´s last blog ..Recent Press Coverage of Eagle Raid Lawsuit

A person on bail is in the custody of the bonds man, if he violates any condition of his bond the bond holder has the right to apprehend at any time or place, and to enter, with out warrant, any place where he may be. But he had better be there! Other wise the bonds man will probably be in a great deal of trouble. People have been jailed for this. This right goes only too apprehending the bailly and nothing else. They had no right to confront or inconvenience this lady.
If she told them the man was not there and ordered them to leave, (unless they could prove other wise), they had no choice but to leave .

She should contact a lawer, it looks as though she has a action here.

Another travesty of justice brought to you by your local division of Thugs-R-Us!

The bounty hunter and make no mistake that is what he is in this video IS F#@$D and the SO should be investigated as for the reason they are letting bounty hunters ride shotgun for them.

He entered a private dwelling and then ID himself as a Bail Enforcement Agent which unless something has changed is a big word for bounty hunter. At no point did he make it clear that he was not with the S.O. The S.O. can argue they can enter the home under a bench warrant the BOUNTY HUNTER is not a sworn LEO and the warrant does not apply to him or his right to enter the home.

Also they should have had their paper work in order if they had a bench warrant.

[b]Bail fugitive recovery agents must be 18 years old, have no felony convictions, complete a specified training courses, and notify local law enforcement of their intent to apprehend a bail fugitive no more than 6 hours before doing so.

They must have written authorization from the bond agent when making an arrest, and cannot forcibly enter any premises, except pursuant to certain existing provisions of law governing arrest by a private person.

Bounty hunters cannot represent themselves as law officers, or wear badges or uniforms that a reasonable person might mistake for a government agency.

All bounty hunters must carry with them a certification of completion of required courses and training programs.

Out of state bounty hunters must be licensed in their home states, or be licensed bail agents.

Private detectives need not obtain a separate bounty hunter license to operate in the state.

This law will remain in effect only until January 1, 2005. Cal. Penal Code § 1299.

In addition, bounty hunter or bond agent who captures defendant in California must go through extradition procedures to transport him interstate. Cal. Penal Code § 847.5 (1995 West); Ouzts v. Maryland Nat’l Ins. Co., 505 F.2d 547 (9th Cir.1974).

After an arrest of a defendant on bail, the surety must deliver him to the court or police within 48 hours of the arrest if it occurs within California; if the arrest occurs out of state, the surety must deliver the defendant within 48 hours of their entering California. Cal. Penal Code § 1301.

you make the most sense of anyone so far.
Duane Kerzic´s last blog ..2010-03-09 Yahoo Hard At Work

This woman’s primary mistake was to open the door. By opening the door you “invited” them in. Never open your door in cases like this.

Don’t you people knwo that everything has changed since 911? I hope the filth in this video get their asses handed to them, what a bunch of pricks, and that bounty hunter, he needs to stop watching DOG. The fact is they did not produce a warrant, that means they did not have one, why would they just “forget,” to bring it? The camera is the new gun.
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Bad news for these officers ID in the video according to bakersfieldnow.com

“An official with the Kern County Sheriff’s Department says it has a policy in place that does not allow for sheriffs and bounty hunters to serve an arrest warrant together.”

The bail agents were working for http://www.aladdinbailbonds.com/

Actually, the law is very clear that opening the door to a police officer does NOT give consent to cross the threshold. But in this case, it does not seem the officers will claim consent; the questions are: Whether or not they are executing a valid arrest warrant; whether the suspect named in the arrest warrant resides at the house that was searched; and whether the officers had reason to believe the suspect was in the house at the time of the search.
Dan Grossman´s last blog ..Recent Press Coverage of Eagle Raid Lawsuit

In terms of house searches, the Fourth Amendment law regarding searches of private residences has not changed since 9/11. There have been many changes since 9/11 (including many provisions of the absurdly named “Patriot Act” which would shock the real American patriots who fought against British tyranny at the time of the American Revolution), but the law regarding home searches has remained largely unchanged.
Dan Grossman´s last blog ..Recent Press Coverage of Eagle Raid Lawsuit

here is some more video,

http://www.bakersfieldnow.com/news/local/89812692.html?tab=video
Duane Kerzic´s last blog ..2010-03-09 Yahoo Hard At Work

The bailsman was probably referring to a Federal court case from the late 19th century which held that bounty hunters weren’t required to have warrants under the Constitution. But even with that, state laws do vary. Kentucky does not allow a “bail enforcement” agent to apprehend anyone. They must turn the job over to the local LEOs and get a Kentucky warrant.

I seem to remember reading that one some time ago. They aren’t the goverment, so they don’t need a warrant. However they are subject to the same laws that we all are. So these guys were tresspassing. In most states it’s one thing to go on land and tresspass, it’s another thing to tresspass inside someone’s house.
Duane Kerzic´s last blog ..2010-03-09 Yahoo Hard At Work

If they are not government and they enter my home, then I reckon I have every right to blow their brains out.

Isn’t castle law grand?
I firmly believe a few dead bounty hunters will teach the whole profession to hesitate a little before invading someone’s home.

Just as aside, I wholeheartedly recommend that if any of your readers own guns, purchase yourself some personal defense rounds.
If you absolutely positively have to draw a gun on someone invading your home, you are legally best served by that invader being dead.

…I’ve read enough stories about burglars & rapists suing people who fought back and hurt them; nobody needs to be victimized twice.

Dan, the fail enforcement agent pointed to his raid jacket and said “BAIL ENFORCEMENT AGENT, that’s my ID!”

He was a private citizen invading her house with no legal authorityi.

Jody needs to put in a sarcasm marker. I didn’t even get the sarcasm until the 3rd line.

Even if you kill them you’ll get sued. Best thing is to use some OC spray on them like they would on you. That’ll get rid of them for good. Just don’t get it on yourself.
Duane Kerzic´s last blog ..2010-03-09 Yahoo Hard At Work

There have been several cases of Castle Law vs Bounty hunters. One notable incident in Texas was when they broke into the wrong house and the occupant opened fire with a handgun. In that case the state is now investigating the bounty hunter and the reason he was carrying a firearm during the attempted apprehension (was not listened as a commissioned security guard and thus was in violation of law. I am not for a criminal shooting one of these guys but if they strong arm into the wrong house and get a home defense load from an 870 to center mass that is a different story. I understand these guys are turning a profit off picking up “Bad Guys” but there are too many horror stories about thugs with guns trying to pick up a guy with some rinky dink warrant that the PD would most of the time not even have called the SO to pick you up on because its not worth their time because of the low fine/prison time if they pulled you over on a traffic stop.

I can not beleive the SO was working with them. All the LEO that I see day in and day out CAN NOT STAND bounty hunters. They call them wannabes and claim the get in the way.

The Federal ruling (Note this is NO LAW just single ruling in the Supreme Court in 1875 ) bounty hunters hide behind is almost identical to that used by fugitive slave hunters. In a sense when you sign the paper for a bail the bondsman retains a sense of ownership over you.

You have to realize that this ruling occurred when justices who had allowed slavery still sat on the court so the idea was not that far fetched at the time. I would be interested to see how quickly that this ruling would be overturned now.

In the article by Carlos it was stated, ie: “A bail bondsman in the video told the home-owner that under federal law, he has the right to enter her premises without her permission in order to search for the suspects.”

It’s a wonder many of them don’t get shot doing it. About the time someone like that breaks down my door trying to get in (especially if I’ve never put up money for someones bond.. which I never have), they might well expect a few rounds to come flying their way.

Don’t care who you are. Seeing I’m a law abiding citizen (and have never been arrested), there’s NO reason to be entering my home that way. Knock on the door first.. and then we’ll talk. If not, expect a lead wall to meet you as you enter.

Rail Car Fan

Until at about 5 minutes and 13 seconds, she never once said “get out of my home.” She just asked questions like, “why are you banging on my door?” or “Where’s your warrant?”

The really sad thing is, as a result of her failure to tell them to leave until she had already opened the door for them, some judge will toss her trespass lawsuit out and she’ll be left with a heap of legal fees and the feeling that her video so well portrays: The overwhelming feeling that the law (enforcement) has no bounds or remedy.

I hope we get to hear “The Rest of the Story.”

Make sure you know your state law. In most states, the bounty hunter can enter into the residence of the wanted person without a warrant. It is the price you pay for taking the bondsman’s money. But they cannot enter into a 3rd party’s residence without permission.

They broke in to a citizen’s home without a warrant like common thugs. That’s “professionalism” in the sense that the mob are “professionals.”
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SHE IS A MORON CHECK YOUR LAW BAILBONDSMEN CAN SEARCH YOUR HOUSE IF THEY HAVE REASON TO SUSPECT THE PERSON THEY ARE LOOKING FOR MAY BE THERE.I THINK THE LADY RODE THE SHORT BUS..LOL

HEY CHRIS MALLORY YOU IDIOT FEDERAL LAW TRUMPS STAE LAW. IT DOESNT MATTER IF IT IS 19TH CENTURY LAW IT IS STILL THE LAW.IT HAS NEVER BEEN OVERTURNED

Mike,

So you’re saying a person who is technically not a law enforcement officer has the right to enter anybody’s house because they are looking for somebody?

You are saying that 19th century law trumps the Fourth Amendment?

Well fuck that. Down in Florida we have the Castle Law, which allows us to shoot and kill anybody who enters our property and threatens us.

If somebody with a gun enters my property who is not a LEO and begins to do as he pleases, you better believe I would be grabbing for something other than my cameras.

Carlos, surely you don’t think someone who can’t operate a caps lock key can navigate law books.

Too bad caps lock doesn’t trump… anything.
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DOG syndrome for sure. Like with CSI, there’s a sudden influx of people looking to be bounty hunters, so there’s a lot of idiots out there in stab vests and carrying cans of bear mace.
pod´s last blog ..WMC 2009

I can only come to this blog every couple of weeks because I get physically angry at what happens to these people over and over. I hope she sues the hell out of them.

that woman should be praised for her courage to stand up to the authorities,for her persistance.and for knowing her rights.this type of thing is a on going accurances all over California and U.S.There has to be something we can do.i guess we all need to have a camcorder on us constantly.