The Bounty Hunter and Origins
A bounty hunter (sometimes called a bounty killer) is a person who captures fugitives and criminals for a monetary reward (bounty). The occupation, seen almost exclusively in the United States, are also known as bail enforcement agent, bail agent, recovery agent, bail recovery agent, or fugitive recovery agent. While historically they existed in many parts of the world, bail bond agents are almost exclusively found in the United States and the Philippines its former commonwealth, as the practice is illegal under the laws of most other countries.
The Old West
In 1872, the Supreme Court ruled that bounty hunters were a part of the U.S. law enforcement system with a decision in Taylor v. Taintor.
When the bail is given, the principal is regarded as delivered to the custody of his sureties. Their domain is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up to his discharge; and if it cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of due process. None is needed. It is likened to the arrest by the Sheriff of an escaped prisoner.
Modern times
In modern times, bounty hunters are known as Bail Enforcement Agents (bail bondsman) and carry out arrests mostly for those who have skipped bail with an average salary of $26,000 – $75,000 in 2015.
The idea of 'bounty hunting' is now[when?] not often used or liked by many in the profession due to its historical context.
Bounty hunters are sometimes misleadingly called "skiptracers", where skiptracing generally refers to the process of searching for an individual through less direct methods than active pursuit and apprehension, such as spies or debt collectors. While bounty hunters may be skiptracers as well, bounty hunting is a civil matter and does not always imply criminal conduct on the part of the individual being traced.
When undertaking arrest warrants, agents may wear bullet-resistant vests, badges and other clothing branded with "BAIL ENFORCEMENT AGENT", or similar titles.[5] Many agents also usetwo-way radios to communicate with each other.[citation needed] Many agents arm themselves with firearms, or, sometimes, with less lethal weapons, such as tasers, batons, CS/pepper spray[5] and pepper-spray projectiles.
In the United States, the National Association of Fugitive Recovery Agents is the professional association representing this industry.
U.S. practice
Most bounty hunters are employed by bail bondsmen: the bounty hunter is usually paid about 10% of the total bail amount, but this commission can vary on an individual, case-by-case basis; usually depending upon the difficulty level of the assignment and the approach used to exonerate the bail bond. If the fugitive eludes bail, the bondsman, not the bounty hunter, is responsible for 100% of the total bail amount. This is a way of ensuring clients arrive at trial. As of 2003, bounty hunters claimed to catch 31,500 bail jumpers per year, about 90% of people who jump bail.
Bounty hunters have varying levels of authority in their duties with regard to their targets depending on which states they operate in. Barring restrictions applicable state by state, a bounty hunter may enter the fugitive's private property without a warrant in order to execute a re-arrest. A bounty hunter cannot, however, enter the property of anyone other than the fugitive without a warrant or the owner's permission.
In some states, bounty hunters do not undergo any formal training, and are generally unlicensed, only requiring sanction from a bail bondsman to operate. In other states, however, they are held to varying standards of training and license. State legal requirements are often imposed on out-of-state bounty hunters, meaning a suspect could temporarily escape rearrest by entering a state in which the bail agent has limited or no jurisdiction.
