Congress and States Need to Correct Abuses
Bounty Hunters Threaten Americans in Their Own Homes Washington, D.C., September 15, 1997 -- "Americans are protected by law from unlawful arrests made by police officers; but incredibly, they are not protected from bounty hunters who are 'wannabe' law enforcers out on the loose and out of control," noted Gerald Lefcourt, President of the National Association of Criminal Defense Lawyers in the wake the recent fatal double shootings in Phoenix.
Even though some bounty hunters are ex-convicts, or have otherwise been in trouble with the law, they often enjoy broader powers to arrest fugitives than do police officers. They can legally break into a home without a warrant or probable cause, and can violently arrest, shackle, imprison and even transport suspects across state lines with impunity. "These goons with guns," Lefcourt added, "are largely untrained and unlicensed, often leading to tragic results." In letters to the Chairmen of the Judiciary Committees of both the U.S. House of Representatives and the Senate, and to Attorney General Janet Reno, Lefcourt called for prompt remedial action.
NACDL, which has long-championed the constitutional rights of individual citizens, is calling for a fast-track, multi-tiered effort to stem the growing tide of citizen abuse at the hands of bounty hunters. If, notwithstanding its shady past, such stalking of citizens continues to be permitted, NACDL proposed to House Judiciary Chairman Henry Hyde (R-IL) and Senate Judiciary Chairman Orrin Hatch (R-UT) these safeguards:
- Ensuring that the training of bail enforcement agents emphasizes respect for the time-honored Constitutional rights of Americans.
- Encouraging Congress and the states to consider sufficiently large, exemplary damages for bounty hunter abuses to deter future injustices.
- Requiring liability insurance for bail-bond companies who hire bounty hunters, and making such firms accountable -- and face civil liability -- for the actions of any bounty hunter acting on their behalf, even if not specifically commissioned.
- Having Congress declare void -- as a matter of law, as a matter of public policy, and in the interests of justice -- any bail-bond agreement which may violate Constitutional safeguards by permitting recapture of bond jumping suspects 'by whatever means necessary' or similar language to that effect.
- Mandating criminal background checks for all bail enforcement agents.
"The horrific shootout in Phoenix, where a young couple was murdered by thugs claiming to be bounty hunters, illustrates the dire need for strong safeguards," Lefcourt said. While NACDL recognizes states' autonomy in the regulation of their private and public law enforcement systems, there is a clear and present need for federal legislation to safeguard fundamental Constitutional rights of citizens against bounty hunter abuses.
NACDL is joined by the National Association of Legal Investigators, Inc. in urging legislative action. NALI National Director Paul Ciolino,CLI, stated "For several decades, professionals in our industry have worked diligently to promote licensing of all investigators so that the rights and privacy concerns of citizens would be protected. We wholeheartedly support NACDL's efforts to address the bounty hunter problem through a call for Congressional review and legislative action."
Bounty hunters are the agents of bail bondsmen whose clients have "skipped" bail. A bondsman posts bail after the defendant who is charged in a criminal case pays a percentage of the court-ordered bail amount and signs a contract permitting capture by "whatever means necessary" should they fail to appear for trial. If the defendant does not show for trial, the bondsman loses the bail posted unless the defendant can be returned to custody. Often this is accomplished by "putting a bounty on the head" of the defendant -- in effect, a reward for a forcible recapture with little or no consideration for the rights of the suspect, or anyone else (including an innocent bystander) who happens to get in the way.
The use of bail bondsmen and bounty hunters, originating in medieval England, spread to America in the 1700's to ensure that escaped slaves of plantations could be readily returned to their masters. The Supreme Court has not reviewed the 1793 law permitting bounty hunting this century, nor has Congress addressed it in 50 years.
Although many bail enforcement agents act professionally, "A paparazzi-like breed of bounty hunters is growing," according to Lefcourt. "Their increased activity, exercising boundless powers without regard to the mayhem and injustice of their actions, is accompanied by an inevitable rise in bloodshed and violence." U.S. News and World Report recently listed bounty hunting as one of the "hot track" career opportunities in the United States. The proliferation of bounty hunters in recent years is a by-product of heavier workloads on public law enforcement entities.
The NACDL has uncovered numerous examples of abuses by bounty hunters spanning the country. For example:
'Mistaken Identity' Once Too Often
A jury soundly rejected the defense argument of mistaken identity and convicted two bounty hunters, Philip McFarland and Edward Green, of second-degree burglary for raiding a home in search of a man who had jumped bail. They had crashed into the trailer belonging to Wendell Leach, Sr. in the middle of the night on March 18th, in the mistaken belief that Mauricio Gomez, a fugitive from justice, was inside. Instead, they burst upon the Leach family, most of whom were asleep. The family was pleased with the verdict; Mrs. Leach stated that the bounty hunters "deserve[d] what they got for what they did . . ." McFarland and Green could receive up to 10 years imprisonment.
The mistaken identity argument had worked for McFarland and Green when on trial in June, 1997 for similar charges, when they received a verdict of not guilty. With a .500 batting average, it is likely that they will assert the mistaken identity defense again in their September 22, 1997 trial for breaking into another innocent family's home.
Des Moines Register, August 22, 1997
Impersonating Police
Escape Bail Bonds hired bounty hunter Terry Lee Merrill to locate and arrest Robert Mitchell, who had jumped bail. Instead, police arrested Merrill on suspicion of menacing, impersonating a police officer, and for two counts of false imprisonment after Terry Lee pulled a gun, claimed to be a narcotics officer, and handcuffed the wrong individual, Robert Eye.
Eye reported that Merrill knocked on his door and requested assistance with his car, which had supposedly broken down. When Eye walked out to help, Merrill pulled out a gun, held it to Eye's head, ordered him to the ground, and handcuffed him. Eye's wife demanded identification, which Merrill said he did not need to show because he was a narcotics cop. Only after Merrill was shown Eye's wallet and ID did he remove the handcuffs. He then demanded that Eye and his family show him where bail jumper Robert Mitchell lived. The family refused, and Merrill left. Police arrested Merrill a few blocks from the Eye residence. Escape Bail Bonds had hired him despite a criminal record that includes convictions for robbery and burglary. Merrill was not unknown to the agency -- in fact, they had posted bail for earlier criminal charges against him.
Rocky Mountain News, July 10, 1997
Denver Post, July 10, 1997
'Open Up or Else'
The ringing of a doorbell awakened Lisa Sylvester after midnight. She could barely make out two men dressed in black outside her door and a dark van blocking her driveway. They identified themselves as "agents with the Division of Bail Enforcement" and ordered her to open the door. Instead, she dialed 911.
Arriving police questioned the self-proclaimed agents, who were armed with pepper spray and handcuffs. Employees of a company known as "Division of Bail Enforcement," the men admitted to the police that they were prepared to break down the door to Ms. Sylvester's house to search for a bail jumper who, according to court records, resided at that address. Despite their intrusion, neither man was charged.
Providence Journal-Bulletin, April 4, 1997
Price of Terror
A Southern California vacation for a Rhode Island family came to an abrupt halt on October 9, 1994. Late that evening, two bounty hunters in search of a bail-jumping prostitute kicked in the door to the family's motel room, screamed curses at the stunned family, threatened them at gunpoint, and held a gun against the mother's head until they realized she was not the fugitive they were after. The bounty hunters were each charged with four felony counts of false imprisonment by violence but pleaded guilty in November 1995 to lesser counts of assault with a firearm.
A Los Angeles County Superior Court jury awarded the family $1.15 million for the incident in a subsequent civil suit that named as co-defendants the bounty hunters and the motel manager who had provided them a key to unlock the door's deadbolt.
Orange County Register, August 4, 1995
Los Angeles Times, August 16, 1996
Whisked to Alabama
On July 18, 1994, Jrae Mason was snatched off her New York City stoop by bounty hunters, handcuffed, and informed she was about to return to Alabama, where she had jumped bail. Despite her protests and production of a photo ID bearing the name "Jrae Mason," the arresters insisted that she was Audrey White Smith, wanted for skipping out on a felony bail. Ms. Mason's protestations continued at the local precinct, Bronx Central Booking, and Manhattan Central Booking to no avail. Even though a fingerprint check verified that she was who she said she was, no one stopped the extradition.
It was not until Ms. Mason reached Tuscaloosa County Jail in Alabama that a jailer measured her height and compared her appearance with the fugitive photograph the bounty hunters had. When a jailor discovered the error, he insisted that the bounty hunters return Ms. Mason to New York. To comply, they bought Ms. Mason a $24 bus ticket to the Port Authority Terminal.
Although no criminal charges were filed, a civil suit by Ms. Mason resulted in a federal jury award of $1.2 million. The Port Authority must pay $250,000 for assisting the bounty hunters. Barretta Bail Bonds Co. and the Confidential Inquiries bail-recovery firm are responsible for the remaining sum. New York City settled earlier for $150,000.
Newsday, September 13, 1996
USA Today, September 13, 1996
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To protect American citizens in their homes, NACDL calls for immediate Congressional hearings, federal legislation protecting citizens' most basic rights, and the issuance of model guidelines for the states to govern the training and permissible scope of activity of bounty hunters. Currently only a handful of states have any licensing requirements for bounty hunters. Illinois and Oregon refuse to honor bounty hunter arrests entirely, and bounty hunters face criminal and civil penalties in those states.
Why should private actors, some with criminal records, have unbridled power to arrest other private citizens? Why should these bounty hunters, euphemistically termed "recovery agents," wield even more power than is permitted by the Constitution?
"American citizens are entitled to be reasonably secure in their homes, from the outlaw and the sheriff alike," Lefcourt said. "The sheriff protects us from the outlaws, and the Constitution protects us from abuse by the sheriff. But without some kind of controls over these cowboy-wannabes, the average citizen has no real protection from this kind of violence."
NACDL is the preeminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, NACDL's 9,100 direct members -- and 80 state and local affiliate organizations with another 28,000 members -- include private criminal defense lawyers, public defenders, law professors and judges committed to preserving fairness within America's criminal justice system.
NALI is the nation's leading organization for investigators. Founded in 1967, NALI publishes the world's premier educational journal for investigators, The Legal Investigator, and is the only organization to offer the "Certified Legal Investigator (CLI)" designation for those who successfully complete rigorous competency testing and maintain continuing education credits.
National Association of Criminal Defense Lawyers (NACDL)