We have a bonsman who has watched too
many Bounty Hunter shows on A&E. (We don't
have a bail bond board.) He has become a major
pain to everyone.

Over the past several months, the following
scenario has repeatedly occured:

One of his snitches reports to him, that
one of his surrendered principals is at
a 3rd party's residence. The bondsman or his
snitch, call the PD and relate that there
is a wanted person at this location. PD
arrives, knocks on door, no answer. Bondsman
arrives, causes a scene, tells officers
they're not doing their job, etc . On some occassions the bonsdman makes entry into the house, without consent, usually through an unlocked door. Sometimes, he makes forced
entry.

He claims that since he has surrendered
the person, he has the "authority of a federal
bondsman."

Questions:
1) Can he make entry into a 3rd party's house
without consent.
2) If he can't make entry legally , should the officer who's on scene, arrest him for crim. trespass or crim. mischief (for damaging the door).
3) What can we do about these reports to the PD
where it is determined that the wanted person
is not on the 3rd party's premises. (ie file
false report?)
4) Is there anything we can show him, listing
what he can and can't do?
5) Would the on-scene officers be liable for
neg. performance of duty, if they don't prevent
him from going in without consent.
6) Anyway to deter him from using the PD
as his personal arrest force.
7)If he actually sees a wanted person flee into a 3rd party's house, can he legally follow him into
that house?
8) What the heck does "I have the authority
of a federal bonsdman" mean, if anything.

Thanks for the help!

The situation always involves "surety" (17.19) warrants, and not one issued after a failure to appear?

I have to doubt the warrant immunizes the bondsman from civil or criminal liability for entry onto or damage to the property of a third party without consent. In fact, since the warrant is to be executed by a peace officer, security officer, or licensed private investigator, it would not seem to authorize the bondsman himself to do much of anything. But see 9.51(b), Penal Code; Green, 78 S.W.3d at 611.

I think the officers may attempt to execute the warrant if they choose to do so, but are not required to do so, and their failure to assist will not affect any subsequent forfeiture of the bail.

If the bondsman knows his information is bad, why does he call the police? If you could prove a false report, go for it, but his knowledge that the report is false or baseless would seem to be pretty difficult to show.

We had a similar stuation here. Our office prosecuted under the Occupation Code - Sec. 1702.3867 - Execution of a Capias or Arrest Warrant. In our case - the defendant/bondsman's private investigator entered the house with a shotgun, we alleged a deadly weapon paragraph in the indictment, and after a jury found him guilty, he was in a third degree punishment range and received four years TDCJ from the court with an affirmative finding.

[This message was edited by Jim Huggler on 02-27-03 at .]

Article 17.19, Code of Criminal Procedure, requires a surety who wants to surrender his principal to first notify the principal's attorney (if he has one), then file an affidavit of his intention to surrender the guy before the court or magistrate in which the case is pending (or some other magistrate in the county if the first is not available). If there is "cause," the court shall issue a warrant of arrest for the principal. That warrant can then be executed by a peace officer, security officer, or licensed private investigator. Hope that this is of some help.