To: Vendome
That dweeb still has no right to enter her house. It all depends if the house was used as collateral for bail and the condition of the bond if there is a default, as there was in this case...The more I look at this the more I believed we are being fooled...
As for the Deputies...that a matter for the Courts.
55 posted on
04/05/2010 5:32:22 PM PDT by
darkwing104
(Lets get dangerous)
To: darkwing104
Deeb is stil wrong, wrong, wrong. He did not identify the person as actually being in the house. Therefore no lawful reason to enter.
Further, the bondsman nor the deputies can go searching through the house, randomly, looking for whatever.
Other bondsmen carry their paperwork with them to support their case but, still without positvely identifying the bail jumper as currently being in the house, the law is on the woman’s side.
Same goes for the deputies. No probable cause.
Back to Constitution and California Constitution which says basically the same thing.
There is not and would not be a contract giving anyone random authority to search the domain.
59 posted on
04/05/2010 6:18:12 PM PDT by
Vendome
(Don't take life so seriously... You'll never live through it.)
To: darkwing104
This law prohibits a bail fugitive recovery person from forcibly entering a premises for that purpose except pursuant to certain existing provisions of law governing arrest by a private person. Any person authorized to apprehend a bail fugitive is required to carry certification of completion of required courses and training programs, and shall not wear a badge or law enforcement type apparel, not carry a firearm or weapon except in compliance with state law. Violation of this statute is a misdemeanor. The law remains in effect only until January 1, 2005 subject to another statute deleting or extending that date. (Penal Code, Part 2, Title 10, Chapter 1, Article 5.5, Section 1299 and Insurance Code, Section 1810.7) In addition, a bounty hunter or bond agent who captures a defendant in California must go through extradition procedures to transport him interstate. [CA Penal Code 847.5 (1995 West); Ouzts v Maryland Natl 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 the police within 48 hours if it occurs in California.
Extended January 01, 2010
I you look at the video, the bail enforcer is in fact wearing a badge, in violation of this statute.
62 posted on
04/05/2010 6:32:24 PM PDT by
Vendome
(Don't take life so seriously... You'll never live through it.)
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