(3783) Again, in Tennessee the bail’s power of arrest is prescribed exclusively by Tenn. Code Ann. §40-11-133. Because a bounty hunter may arrest a bail jumper “at any place in this state,” which necessarily includes any residence, a properly authorized bounty hunter may enter into a third party’s residence to effectuate the arrest of a bail jumper with the consent of the third party. However, you have asked whether a bounty hunter may legally break and enter into the residence of a third party. As previously noted, Tennessee has enacted criminal statutes prohibiting a person from entering the home of another without the owner’s consent and from entering or remaining on the property of another without the owner’s consent. Most jurisdictions which have addressed the question of whether a bounty hunter may break and enter into the residences of third party’s have relied on common law authority in holding that such a bounty hunter is subject to prosecution.7 Ohio and North Carolina are two previously mentioned jurisdictions with statutes substantially similar to Tenn. Code Ann. §40-11-133. They have also held that a bondsman or his agents may not enter the residence of a third party without the party’s consent. In State v. Kole, 2000 WL 840503 (Ohio App. 9 Dist., June 28, 2000)(copy attached), an Ohio appeals court held that the authority of a bail bondsman to apprehend a fugitive does not extend to infringe upon third parties who are not parties to the bail contract. The court announced the policy reasons for such a holding when it stated the following ~Ski Again, in Tennessee the bail’s power of arrest is prescribed exclusively by Tenn. Code Ann. §40-11-133. Because a bounty hunter may arrest a bail jumper “at any place in this state,” which necessarily includes any residence, a properly authorized bounty hunter may enter into a third party’s residence to effectuate the arrest of a bail jumper with the consent of the third party. However, you have asked whether a bounty hunter may legally break and enter into the residence of a third party. As previously noted, Tennessee has enacted criminal statutes prohibiting a person from entering the home of another without the owner’s consent and from entering or remaining on the property of another without the owner’s consent. Most jurisdictions which have addressed the question of whether a bounty hunter may break and enter into the residences of third party’s have relied on common law authority in holding that such a bounty hunter is subject to prosecution.7 Ohio and North Carolina are two previously mentioned jurisdictions with statutes substantially similar to Tenn. Code Ann. §40-11-133. They have also held that a bondsman or his agents may not enter the residence of a third party without the party’s consent. In State v. Kole, 2000 WL 840503 (Ohio App. 9 Dist., June 28, 2000)(copy attached), an Ohio appeals court held that the authority of a bail bondsman to apprehend a fugitive does not extend to infringe upon third parties who are not parties to the bail contract. The court announced the policy reasons for such a holding when it stated the following ~Ski
Posted on: Tue, 17 Sep 2013 21:49:23 +0000
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