So what gives these "bounty hunters" the legal right to capture anybody? Are they officers of the court? Are they part of law enforcement?
I wondered about those things myself a long time ago after one of the TV stations aired a show specifically about what bounty hunters do and how they work.
Essentially, bounty hunters have no more "legal" authority than would you if you decided to make a "citizens's arrest".
http://ask.yahoo.com/20041118.html
I sort of see it like I do our own situations where we have the "right to carry".
For those of us who aren't into imagining ourselves in a "High Noon" gunfight due to our getting our permits to carry, we have come to understand that the right to carry gives us NO more legal rights than we already had
before we obtained our CCW permit.
The ONLY difference is that we can now carry a lethal means of self defense, but we have NO more right to USE it in the same sense that before we had our CCW permit we could have used a "legal" knife to defend ourselves.
If we had the legal right to defend ourselves before we got our CCW permits, then we retain that right after we got our permits, but we pick up no
additional rights of any kind.
So when it comes to bounty hunters, they have no right at all to break down doors, and if they do, then they are open to all sorts of legal problems and possibly even being killed themselves by the home's occupant.
I'd like to think that bona-fide bounty hunters understand these things and act responsibly just as (most of us) CCW carriers do with regard to our new found means of self defense.
But God help the bounty hunter who mixes up an address and enters my home by force because not only will he very possibly not survive, but the "law" will NOT be in his favor.
Back to the no-knock purpose of the thread; I also have no specific links for BG's entering homes in an invasion posing as police, but I very specifically know that I have read several accounts of that happening.
I don't likely have too much else to offer on this subject since I think I've said all I could in the other threads that strayed, but some things I'd like to add are some points that I very much hope that all of the LE people reading these threads come away with a very real understanding that:
1. You LE's need to know that in the middle of the night, honest people being woken up suddenly are not going to be able to determine who is breaking in the door, especially since we have done nothing illegal that would warrant it.
Therefore, you need to know that if you make the mistake of a wrong address or an address that is improperly identified as a "bad house", then you are very likely going to end up killing innocent people; people the same as your parents or brothers or sisters or children.
That is GOING to happen because just as we are going to have to assume that you are an attacker, then simply because you
think you are making a "proper" entry into a "bad house", then YOU are going to be
assuming that anyone inside is a bad guy worthy of your killing at the slightest "wrong" move.
2. Mistakes HAVE been made, therefore, see item #1.
3. Because of the consequences of a raid on a wrong address or one that was improperly identified as a "bad house" when it wasn't, no-knocks should be carried out ONLY in the event that someones life inside the home is in danger (kidnappings, for example). Is this not something to bring up with your supervisors
before knocking down doors?
4. Know that the 99% of us are on "your" side, and we have nothing against enforcing the ethical and moral laws of our society. It is therefore more important than ever that you have taken all precautions to the point of absurdity before knocking down doors. MAKE SURE that there is absolutely no other option before you enter a home by force.
Basically, I'm just hoping that LE's are immensely aware of the consequences of no-knock entries WHEN (not "if") a mistake is made.
Lastly, for those who pooh-pooh the idea of a mistaken no-knock on their own home by saying that the odds are 1 in a bazillion, I would ask you why you have that shotgun or .45 tucked away next to your bed?
Evidently, you DO believe that a home invasion could take place or you wouldn't be so prepared. So since there's a 1 in a bazillion chance that YOUR door comes crashing down as a result of POLICE action, do you think you would have the presence of mind to know the difference when BG's have also been known to shout "Police!" during a home invasion? Since the chance of a POLICE no-knock being done on your home is a
bazillion to one, wouldn't it be prudent of you to
ASSUME that the people entering your home are most definitely bad guys and NOT the bazillion to one chance of them being police?
I hope it's clear that I'm not advocating shooting at police, but in the situation as described, you may not have a
clear way of knowing that it IS police and will very likely take a defensive stand that will get you killed.
In the last 10 to 15 years, there have been 3 different (rent) homes on the same block I live in that ended up being crack houses. One of them was 4 houses down from mine, and ironically, it was originally built by the same builder who built my house and is the exact same floor plan and looks similar from the front.
I wasn't the only one in the immediate block who called police to report the "excessive" activity at that house, and I recall explaining to the officer on the phone to "please be sure you have the right address".
So sure, I'm happy with the bazillion to one odds, but people HAVE won the lottery. And since I've never been one to have that kind of luck, my luck ends up going in the other direction so I figure I AM a prime candidate for a bazillion to one mistake.
That's why I asked the question before, but in the end, I come away with no real answers.
Carter