Posted on 04/05/2010 12:49:57 PM PDT by FoxPro
17 News discovered a youtube video of Kern County Sheriff's Deputies and a bail bonds enforcement officer entering a local woman's home after she told them they couldn't come in without a warrant and her consent. With the evidence she caught on tape, the law seems to be on her side.
"I don't need a warrant," the bondsman said as he appeared to enter on his own into the home from a back door on the youtube video.
There were also sheriff's deputies at the front door. Deputies and bail bond enforcement officials have different laws but a local bail bondsman not affiliate with this case said what happened in this case was against the law.
"If you see the person go in, you can go in," Glenn Pierce, the owner of Gotta Go Bail Bonds said. "But you just can't go in randomly."
The woman who lived at the home told 17 News her name is Star. She said she is in hiding because threats were made against her. She also said deputies and the bail bondsman violated her rights by forcing entry into her home after she stated she was the only one there.
Attorney H.A. Sala says based on the video evidence, the Sheriff's Department could have a lawsuit on its hands because of the way they forced into the home without any knowledge of the wanted person being in the home. "They have to knock, state a purpose, say they have a warrant and give time for the person to surrender," Sala said.
Authorities were looking for Joseph Baker who was arrested for battery on a peace officer in September. They were also looking for a man named Alan Gjurovich because he co-signed on Baker's bail bond which Baker forfeited by not showing up in court. Gjurovich is in hiding but spoke to 17 News by phone. He said the sheriff's department is trying to stop him from filing a lawsuit against the county that could damage county judge and clerks' credibility.
"They're trying to scare us out of town and out of the county," Gjurovich said. "The message I was getting, they were giving us a 48 hour ultimatum--give them what they want on Joe Baker or they will personally come down and arrest me."
Sheriff Donny Youngblood confirmed the deputies in the video are from the Kern County Sheriff's Department, but he said he can't comment because an internal affairs investigation is being launched.
There are so many laws now, that you cant predict what a cop will see, or how he will interpret what he sees.
A police officers number one job is to protect himself and his buddies from harm. No matter how that is perceived by them.
A police force is just a locally sanctioned gang. A court system is just a locally sanctioned Mafia, and I ought to know, my software helps run a few of them.
What I wonder is if they found Joseph Baker in there.
That Sheriff needs to get his deputies under control.
I think that it is safe to say the answer is no, or else it would have been noted. The omission in the article is surprising, isn’t it?
Watched the video— they left empty handed.
And they violated the 4th amendment. They never showed her a warrant.
Sounds like an action under 18USC242 is in order.
Sounds like some Kern River “Henry Bowmans” needs to add some people to his “list”.
Under Indiana Law, an arrest warrant acts as a search warrant, but:
1. Only for the home of the person named in the warrant;
2. Only if the the Sheriff “has reason to believe” the person named in the warrant is at home, and;
3. They can only use the arrest warrant as a search warrant for the residence one time. If they go in and the person is not there, they may not go in at a later time unless they get a separate search warrant.
Just FYI.
You need to add some sort of alert on the title....not a barf alert, but a “caution! Infuriating violation of rights!” warning or something.
Didn’t that man, at some point, in his life, use the N word?
He should be shoot!
Why, this happens all of the time.
IT IS NORMAL NOW!
Bail bondsmen are on the same level as the scum they represent...
So what happened after you called her a Naughty Bunny?
What sort of restrictions are on this arrst/search warrant? Typically, a search warrant describes the places to be searched and the items being looked for. If you are searching for a stolen airplane, for example, you wouldn’t be allowed to look in the fridge.
I didn’t use my turn signal on an off ramp, because I wasn’t sure which way I was going to turn. I was checking gas prices at the gas stations signs. Highway Patrol pulls me over, another young punk they gave a gun and a badge to. Says he will write me a warning. But wants to search my car. This is in the middle of Iowa, or something. I said, “Nope, you will not search my car.” So guess what, he writes me a ticket. I used it to clean off my dipstick as I checked my oil when I got to the service station. What an a-hole.
Under the SC ruling a bondsman can enter the home “even on the Sabbath” if he has reason to believe the perp is in the house. Especially if the person who owns the home signed for the bail. The person bailed out signed his rights away when he agreed to the bail conditons.
The sheriff can’t enter without a warrant.
Lawyers, correct me if I’m wrong.
There is some truth in what you have written. Though, who you going to call when help is needed, the police!
“I think that it is safe to say the answer is no, or else it would have been noted. The omission in the article is surprising, isn’t it?”
Yes, lol. I guess this was not a good move on the part of the sherriff. At least the rest of the dept knows where he ISN’T!
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