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Bail Bondsmen and/or Bail Agents are an interesting and somehwat murky area of the law. Bondsmen and Bail Agents are NOT law enforcement officers, therefore the Constitutional prohibition against searches without warrants does not apply to them. Their authority to enter premises without warrants is not addressed by, and does not fall under the restrictions of, the US Constitution. Their authority is derived from long-existing 'common-law' principles and practices. HOWEVER - that being said - they are not immune from being charged under criminal law for unlawful acts that they may commit while they are in the performance of their jobs.
California Penal code allows the bail agent to arrest the principal himself or empower another to do so. [PC 1301].
Except in exigent circumstances, a bail agent must notify local law enforcement at least six hours prior to attempted apprehension of a defendant. [PC 1299.08(a)]
In September 1999, California enacted a law (A 243) regulating bounty hunters, termed "bail fugitive recovery persons" in the statute. This law added section 1299 to the California Penal Code. A bail fugitive recovery person is defined as one who has "written authorization" by a bail agent, surety, etc., (under PC 1300 and 1301) and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to appropriate authorities, or any person employed to assist in the arrest of such a fugitive.
Before apprehending a bail fugitive, an individual authorized by PC 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend as prescribed in PC Sections 1300 and 1301. The authority to apprehend document shall include all of the following information: the name of the individual authorized to apprehend a fugitive, the address of the principal office of the individual, the name and principal business address of the bail agency, surety company, or other party contracting with the individual.
What else can I help you with?
Can a policeman search your vehicle without a search warrant in California?
Nope. he has to have a warrant or a good reason to. one way to let him have a good reason is by giving him lip about it and saying no. then he can get suspicious and find a way to search it.
What makes a night search warrant necessary verses a day search warrant in California?
Because the authorities strongly suspect that the 'something' or 'someone' they are looking for is more likely to be there after dark.
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
Can police issue a new search warrant while exacuting a search warrant?
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
What is a search warrant for an urban premises?
Question makes no sense. A search warrant is a search warrant regardless of WHERE the premises is physically located.
What are the release dates for House Hunters - 1999 Clairvoyant House Hunter Adds Challenge to California Search 59-13?
House Hunters - 1999 Clairvoyant House Hunter Adds Challenge to California Search 59-13 was released on: USA: 10 April 2012
Can police search a home with a summary arrest warrant?
Technically they cant unless they have a search warrant not an arrest warrant.
What does search warrant mean?
A search warrant is a document an offical must have to search your property for any reason.
In California can a police officer answer your cell phone without a warrant?
I am not familiar with all California law but I would say the answer to this question is yes. A police officer can answer your cell phone, but, they may not search (look at contacts etc.) without a warrant.
What legal document permitting searches?
house search is the answer
Does the judge have to use his seal when signing a search warrant?
do a jugde have to seal a search warrant
On a California search warrant what is the definition of no night search does the court designate a specific time period or does night mean night?
A specified time span will be indicated on the warrant or if not stated it is presumed to be the time span that is provided by existing jurisdictional laws.
