Archive for the ‘Bounty Hunting and Private Investigation’ Category

Bounty Hunting in the Great Southern State of North Carolina

This Monday I am discussing the great State of North Carolina’s Laws on Bounty Hunting.

Again I will begin with the statutes of the State. In North Carolina Hunters are called Bail Runners. They must be licensed NC Gen Stat 58-71-40. They must be over 18 years old with no felony convictions and a resident of the state. They must have necessary training and experience.NC Gen Stat 58-17-50. They have to take a mandatory 20 hours of education in order to procure a license. NC Gen Stat 58-71-71. They also must take a written examination NC Gen 58-71-70. They can only work for one bonding company at a time which is the same in Georgia. NC Gen Stat 58-71-65 (1996)

Now here comes the big one. Bondsmen and runners cannot enter the homes of third parties to apprehend a fugitive.

This statute was added because of the case of State v Mathis. 509 S.E. 2d 155 (N.C.1998)

The defendant William Tankersley,III signed a bond in the amount of 1,500.00 with Marie’s Bail Bonding Company. He had been charged with passing bad checks. When Mr. Tankersley failed to appear in court, a warrant was issued for his arrest. Two licensed bail bondsmen, Mathis and Williamson, were employed by Marie’s Bail Bonding Company on December 9, 1995 to find Mr. Tankersley and bring him into the Mecklenburg County Sheriff’s office.

The two bondmen went to the sister-in-law of Mr. Tankersley, but he was not there. They then preceeded to his mother’s house which was listed as his place of residency. Tankersley’s mother Mrs. Susan Nelson had co-signed on the bond. Both Mrs. Nelson and her daughter Mrs. Noto had dealings with Marie’s Bail Bonding before.

The bond showed that the defendant Mr. Tankersley drove a white 1990 Mazda MX-6 and that Mrs. Nelson drove a blue 1990 Toyota Camry.

When the agents arrived at the residence they were told by Mrs. Noto that Tankersley was not at home. She alleged he had gone shopping with his mother in the white Mazda. She was asked if she had been contacted by the bonding agency and her reply was no. However, Tankersley had spoken to the bonding co. before he left the house. The house was watched for several hours and at around 6:47pm Mathis and Williamson were called and told that Mrs. Nelson had returned.

This is where it gets ugly. Mathis and Williamson returned to the residence and see the White Mazda in the driveway. Mathis went to the back door and Williamson to the front. When Mathis knocked on the back door Mrs. Nelson answered and stepped outside closing the glass storm door behind her.

Mathis identified himself showed her his license and explained he was there to pick up her son.

Mrs. Nelson stated her son was not home and refused to allow Mathis to enter the house. Mathis told her he knew her son was there because the Mazda was in the driveway. She shot back with the statement that the Mazda was no longer his car and he no longer drove it.

Mathis told Mrs. Nelson that if it would make her feel better she could call the police and that he was going into the residence. “I have a warrant and I am going to leave when I get my man.”

Mrs. Nelson blocked the door. Mathis began to open the door and she began striking him and yelling loudly. Mathis pushed the storm door against Mrs. Nelson pinning her against the exterior wall of the house. As he pushed in one direction she pushed in the other which caused the clips holding the glass in place to pop out damaging the door.

In the meantime Williamson the other runner was able to enter the house. Mrs. Nelson followed them into the house and called the cops. The cops came and ran the runners out of the house and told them as soon as an arrest was made they would call them to pick Tankersley up. No call was made. At 2:00am Mathis and Williamson went back to the house flagged down a cop and the jumper (Tankerlsey) was taken into custody.

Because of this case, Bail bondsmen and Runners can no longer enter the home of a third party. The courts concluded that a bondsman or a Runner cannot enter the home of a third party even if the defendant lives there. Even though Tankersley listed his mother’s house as his place of residency the courts stated that the bondsmen could not enter the house forcefully because the house was the primary residence of Mrs. Nelson and she refused to give permission.

As promised, here are the bounty hunting laws in the great state of Tennessee.

If one wants to hunt jumpers in Tennessee one must apply and get a copy of their own criminal background and present it to the Department of Insurance. (T.C.A. 40-11-317)

Each year, every professional bondsman who is licensed to do business in Tennessee has to file with the clerk of the circuit court of every county they furnish bonding money- hunt etc. a report of the assets and liabilities no later than July 15^th.(T.C.A. 40-11-303)

They will also get 8 hours of continuing education during each twelve month period beginning Jan 1, 1997. (T.C. A. 40-11-401)

Now comes the fun part. The authority of the Bail Agent to arrest:

The bail bondsman/hunter may arrest the defendant on a certified copy of the undertaking, at any place either in or out of the state or may by written authority endorsed on such copy, authorize another person to make the arrest. (T.C.A. 40-11-133)

No person who has been “convicted of a felony” shall serve as a bounty hunter in the State of Tennessee. If one who has been convicted poses as a hunter he can be charged and or convicted of a Class A Misdemeanor.

Now this is where it really gets fun.

Before a hunter takes into custody any person who has failed to appear in court, such bounty hunter shall comply with 40-11-401, they shall make a good faith effort to verify the person’s address and present to the office of the appropriate law enforcement officer of the political subdivision where the taking shall occur.

They must show:

A Certified copy of the underlying criminal process against the defendant; a certified copy of the bond or capias; proper credentials from a professional bondsman in Tennessee or another state verifying that the bounty hunter is an agent of a professional bondsman and a pocket cart certifying that the bounty hunter has completed the training required by this section or if the bounty hunter is from a state other than Tennessee, proof that such bounty hunter successfully completed an equivalent amount of training in the bounty hunter’s home state within the last year.

Failure to present all of the above can cause said hunter to be charged with a Class A Misdemeanor.

Now you all probably are wondering why the states all have laws concerning hunters and why some states won’t even allow hunters. Well, I am glad you asked. I have the answer for you.

United States Supreme Court: Taylor v Taintor 16 Wall, 36

August 1997 was a red letter day and not in a good way. A couple in Phoenix, Ar. was murdered by five intruders who presented themselves as bounty hunters. The national media jumped on this story and reported it as a pick up gone south. By the time it was determined that it was not hunters but instead very bad men the story was shelved.

Even though the fake hunters had three murder convictions and two trials pending, the public and officials were left with the mythical residue of abuses by hunters. The reaction was such a knee jerk reaction that many legislatures response to this brutal murder was to regulate hunters.

In 1998 14 states dropped bills on this topic. In 1999, 26 states proposed legislation. Not every bill passed. Other states carried the debate over into the next year.

While all states have some provision, not every state has laws which make a distinction between the bondsman and the hunter. Ten states added specific provisions for hunters to their codes and 13 states have legislation pending for that purpose.

I remember this case. I remember the media having a field day with this senseless murder. At the time my gut instinct told me it was probably a drug deal gone south. But no one ever heard the results of the trial, the charges, or the fact that it was not hunters who had killed those folks. It was the very ones hunters look for. How sad is that?

Some states are more rigid than others and then there are some such as Florida which says no way are hunters legal. In some states a hunter cannot carry his weapon into that state. He also have to go to the jurisdiction where he feels his jumper is and let law enforcement know he is there to do a pick up. In Tennessee law enforcement goes with the hunter to the location. I guess they want to protect the hunter and the criminal.