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Glockster

EEllis wrote:
Glockster wrote: So are you saying that the law referenced and quoted from the DPS site is wrong? That DPS referring to the law that requires them to be licensed and working for a licensed company is incorrect? That sure confuses me as I found several sites that specifically said that a bond holder who thinks that they can do anything in violation of that is breaking the law. And even one site that discusses that a bond holder cannot even conduct surveillance, much less do anything else.
I'm saying that the referenced law doesn't cover everything. It speaks of arrest on a bail warrant and that it's a crime to hire (for the bondsman) or contract (for the bounty hunter) of a non licensed person. Iit doesn't mention the bondsman's, the surety, actions at all. A Bondsman by statute can "(a) A surety may before forfeiture relieve himself of his undertaking by: (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or ...." . Well that's a bit hard to do if it were as criminal as many will tell you. Case law says that it must be done willingly and without force but you can lie and or trick a person into surrendering. There is no law about dressing up as a bounty hunter that a bondsman would be violating. It's actions that would make it criminal and if they are careful there is a bit of wiggle room. As to the surveillance that is by regulation not penal code. While you may not be able to hire someone to surveil it's a bit much to be saying your not alowed to try and check up on someone you are legally and financially responsible for. I mean that is the whole purpose for have surety bonds, the financial incentive for a private party to help insure a bonded individuals presence.

Of course the whole thing is a bit hypothetical as anyone operating a bonding agency of any size is way to busy to do these type of activities. You will find tho that in small bonding companies in extreme rural areas it's not unheard of.

Oh and I'm sure being out of state adds a whole nother issue. I wouldn't want to even begin getting into that mess.

I think that you're putting way too much into the discussion as I was simply discussing BH from out of state, based on the OP saying that his friend said that he saw out of state plates. Every point that I made was referring to out of state. The actions that you discuss refer to in state bondsman. Out of state cannot, according to what I read of the code on the DPS site and other sites (legal and bondsman sites), do any of those things without proper license here. They simply cannot come into TX and act as if they somehow have any legal authority. From what we've read here, what they did to the OP's friend was not right. And that's all that I am addressing.

Glockster

EEllis wrote:
Glockster wrote:
Abraham wrote:Glockster,

What makes no sense?

Thanks!
Sure -- meaning thinking that the law doesn't apply to them makes no sense. If they are out of state bounty hunters who are not "Peace officer or a registered and insured PI or Commissioned security officer working for a licensed company" they are violating the law. You must be licensed by the Texas Department of Public Safety, private security bureau. There must be a contract with a licensed company and there must be an authorization to arrest. Anything else is a felony in Texas.
Actually the person who holds the bond can operate inside Texas legally. It's illegal for someone else to arrest on that bond without falling into one of those categories. Right now only police and commissioned security can carry in plain view.

So are you saying that the law referenced and quoted from the DPS site is wrong? That DPS referring to the law that requires them to be licensed and working for a licensed company is incorrect? That sure confuses me as I found several sites that specifically said that a bond holder who thinks that they can do anything in violation of that is breaking the law. And even one site that discusses that a bond holder cannot even conduct surveillance, much less do anything else.

Glockster

Abraham wrote:Glockster,

What makes no sense?

Thanks!

Sure -- meaning thinking that the law doesn't apply to them makes no sense. If they are out of state bounty hunters who are not "Peace officer or a registered and insured PI or Commissioned security officer working for a licensed company" they are violating the law. You must be licensed by the Texas Department of Public Safety, private security bureau. There must be a contract with a licensed company and there must be an authorization to arrest. Anything else is a felony in Texas.

Glockster

Abraham wrote:I neglected to mention that BH's seem to think the law doesn't apply to them due to some BH loophole.

If they were to attempt to invade my home as if they have every right to because they happen to be after someone, convinced I'm harboring them, certain I can't lawfully protect my home and it'll be a really, ugly affair...

Which makes no sense, based on what I found and posted above. It seems that in Texas at least that they have much that they cannot legally do without committing a felony.

Glockster

According to the information cited on the DPS site, if a bounty hunter doesn't in any way meet Texas' legal requirements they can be arrested for committing a felony. That includes filing an application and meeting the qualifications listed.
https://www.txdps.state.tx.us/rsd/psb/n ... hunter.htm

At some point this might also be applicable:
Sec. 1702.3867. Execution Of Capias Or Arrest Warrant; Offense.

(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:

1.enter a residence without the consent of the occupants;

I am not an expert on this, just can read a web page, but from what I read, out of state bounty hunters who are not "Peace officer or a registered and insured PI or Commissioned security officer working for a licensed company" are violating the law. You must be licensed by the Texas Department of Public Safety, private security bureau. There must be a contract with a licensed company and there must be an authorization to arrest. Anything else is a felony in Texas.

Glockster

EEllis wrote:
E.Marquez wrote:So Im not a legal expert, not even as educated as well as I would like to be..
PC 30.05 states in part
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
- See more at: http://codes.lp.findlaw.com/txstatutes/ ... OzOGX.dpuf

(a), (1) & (2) in red.. are both of those points of law required to make it trespassing?
or just, 1, the other or both?
You need A and either 1 or 2

And how is it that A 1 AND A2 were not met? It was posted and they were also told to leave.

Glockster

WTR wrote:He did his research. He posted per the laws of Texas. At all gates and every 50' if I remember correctly. They even opened a marked gate to get in.

Sure sounds like trespass to me. And did they do that with weapons?

Glockster

EEllis wrote:No they can't ignore a no trespass sign but generally speaking, sign or not, going up and knocking at a door is not tresspassing. If it's ok for the mail carrier, UPS, or Fed EX to walk up then anyone can. When someone gets bonded out they do give up some right but that only goes for their rights. No one else's.

I disagree - commercial carriers or USPS in delivering your packages or mail have been given by you at least implicit permission to do so. The same for a utility services meter reader as you would have authorized that as a term of services. As for someone else trespassing by coming to your door, I think that depends upon where you have it posted. If you have a fence around your yard and a gate, and it is posted, then passing that point I believe would be trespass as your property is not open to the public. If it is just the door posted, then I believe that it is at that point that the potential for trespass begins. So I think that it depends upon where and how the notice is given, and here the OP didn't say where the signs were or the other conditions.

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