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.
Intimidated and feeling like a convict around men of uniform is a path to reverse.
We’ve been in a semi police state for a long time. Government has been eroding out freedom in all fronts both the Courts and all law enforcement agencies. This idea of an internal investigation is a joke. The investigation should be by outside the system. How stupid investigating yourself.
Bail bondsmen, on the other hand, are given a lot of leeway and don't need a warrant. If they have reason to believe the person they are pursuing is in the home (or can at least convince a judge they had reason), they can force their way in. I do believe laws should be changed so that bailbondsmen are held to the same standards as law enforcement.
Love to answer this since it has been asked many times. You are the only real source of protecting yourself. The majority of police response is after you are killed or hurt. No perfect answer but my gun is my only real chance for protection and this crap State will not give permits.
These same thugs will be out disarming the public, if it puts a buck in their paycheck.
Mr. Colt and I take care my family's safety first. The after action, slow response time police are for mop up.
She said, “honey I wish you were a ninch bigger.”
Ping
Oh, man...you didn't. Holy cow.....you got cast iron cajones my man.
Lol, sorta set myself up for that answer!
The police can look any place a person might be hiding. They can’t look in the underwear drawer unless the warrant has the physical description of a very small person.
There are certain communities around here I don’t like to drive through. If I ever had a flat, I’d have four cop cars swarm around me. They would only lift a lug nut if they wanted to accuse me of stealing it. They would not help with the flat, but instead use it as an excuse to try to coerce “consent” to search the car.
FoxPro is yours? You designed the airline aircraft maintenance program?
No.
>You are the only real source of protecting yourself. [snip] No perfect answer but my gun is my only real chance for protection and this crap State will not give permits.
I really like what my State Constitution says on the matter:
http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=66b036fd.eebbfe6.0.0&q=%5BGroup%20%27nmc%20artii-6%27%5D
and
http://www.conwaygreene.com/nmsu/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=66b036fd.eebbfe6.0.0&q=%5BGroup%20%27nmc%20artii-4%27%5D
Have you seen this?
Here is a video to go with the story:
http://www.youtube.com/watch?v=QOallUDsSzc&feature=player_embedded
This is a huge problem.
While true there is very limited protection or bail agents if they are wrong. Bail agents can still be arrested for entering a home unless the perp is present. They can be resisted and shot almost without penalty. One of these days Chapman or one of his pack are going to get seriously hurt or killed on camera. A friend recently fought with an intruder and moderately injured him before the cops showed up. Intruder was a real bail agent in the wrong place (name confusion). The cops did not arrest the bail agent, figuring the double arm fracture was enough. My friend is waiting for the lawsuit to hit.
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